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PC 83-240RESOLUTION NO. P~g3_Zq0 A RES~~LUTION OF THE ANAHEIM CITY PLANNING COMMISSION T{!AT PETITION FOR VARIANCE NO. 3368 BE GRANTED WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance f.rom ROBIN HILL DEVELOPMENT COMPANY, ATTN; MARTHA S. SCHNIEDERS, 405 South Beverly Drive, Beverly Hills, California 90212, owner of certain real property situated in the City of Anaheim, County of Orange, State of California described as; TRACT NO. 10410, AS SHOWN ON A MAP RECORDED IN BOOg 497, PAGES 11~ 12 AND 13 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. the Civic Cenker ~int the C ty of nAnah im onSDecember h12a 19g3 blic hearing at notice of said public hearing having been dul ' ~ at 1:30 p,m,, accordance with the provisions of the Anahe m Mun c pal ode eaChapter 18a03n to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes a waiver of the following to establish a 46-lot, 45-unit RS-HS-10,000(SC) single-family subdivision: SECTION 18.24.061.020 - Minimum average lot width (75 feeE required; 69 feet proposed) basis thatZ.the That the above-mentioned waivers are hereby grai>ted on the petitioner demonstrated that a hardship exists in that there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned prc,perties in the vicinity; and that strict application of the Zoninq Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4• That the requested variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 5• That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. #Olllr PC83-240 ~ 6. That one person indicated his presence at said public hearing in favor; and that no cor.respondence was receive~ in opposition to subject petition. ENVIRONMEN'PAL IMPACT FINDING: Environmental Impact Report No. 218 was prepare~. in conjunction with Tentative Tract Nos. 10407, 10408, 10409 and 10410 and certified by the Anaheim City Planning Commission on August 28, 1978. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary pretequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this variance is granted subject to the approval of Tentative Tract No. 11924. 2. That subject property shall be developed subscantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 11. 3. That prior to final buildinq and zoning inspections, Condition No. 2, above-mentioned, shall be complied w~th. BF IT FURTHER RESOLVED that the Anaheim City Planning Cemmission does hereby find and d~termine that adoption of this Resolution is expressly predicated upon applicant's compliance w~th each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE EOREGOING RESOLUTION is signed and approved by me this 12th day of December, 1983. ~ ~ 9~~ `: ~..,~/`~ll~ti~, CHAIRWOMAN~~ANAHEIM CITY PLANNING COMMISSIVN ATTEST: , ~~ ~ ,~~ SECRETARY, ANAHEIM CITY PLANNING COMMISSION _l_ PC83-240 STATE OF CALIEORNIA ) COONTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foreqoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 12, 1983, by the following vote of the members thereof: AYES: C4MMISSIONERS: BOUAS~ BUSHURE~ FRY. HERAST~ KING~ LA CLAIRE~ MC BURNEY NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of December, 1983. ~~~ ~ ~~~ SECRETARY~ ANAHEIM CITY PLANNING COMMISSION _g_ PC83-290