PC 85-1RESOLUTION NO. PC85-O1
A RESOLUTION OF THE ADIAHEIM CITY PLANNING COMM?SSION
THAT PETITION POR '/ARIANCE N0. 3438 BE GRANTED
WHEREAS, the Anaheim City Planniity Commission did :eceive a
verified Petition for Variance from P,OBERT A. St4ITH AND ROSEMARIE SMITH,
. 13729 East Rosecrans Avenue, Santa Fe 5pring;;,. California 90670, owners,
~ and MIKE ALDF,RSON, P. 0. Box 399, Atwood, California 92601, agenl for
cer.tain real property situated in thP City of A.~aheim, County of Orange,
State of California described as;
PARCEL A:
~ THOSE PORiIONS OF PARCEL,g 1 AND 2, IN THE; CITY OF ANAHEIb1~
COUNTY OF ORANGE, STATE OF CALIFORNIA~ AS SHOWN ON A MAP
CiLED IN BOOK 60 PAGE 5 OF PARCEL MAPS~ IN THE OFFICE OF THE
COUPJTY P.EC~RDER OP SAID COUNTY, LYING WITHIPi THE L~ND SEOWN
AS PARCEL 2 OF THAT CEP,TAIN LOT-LINF. ADJUSTA:SDIT PLAT N0.
116, RECORDF,D FEDRUARY 24, 1984 AS INSTRUMENT NO. 84-078;:68~
OFFICIA:, PECORDS.
PARCEL B:
TNA1' pORT1ni' OF PAFCE:L 2, IDl THE CITY OF ANAHEIM, COUNTY OF
ORANGE, ST' J OF CALIFORNIA~ AS SHOWN ON A MAP FTLBD IN BOOK
~~ PAGE 5~F PARC~,L MAPS, I:d THE nFFICE OF THE COUNTY
RECORDER OF SAID COUN2'Y~ TOGETHER WITH THAT PORTION OF THE
SOUTHEAST QUARTER OF Ttti NORTHWEST QUARTER pF SFCTIOC7 24,
BEING A pORTION OF LOT 41 IN TOWNSHIP 4 SOUTH~ RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS PER MAP
RECORD~D IN BOOK 2 PAGES 256 AND 257 pF PATF.NTS OF LOS
ANvEl,ES COtJNTY, CALIFORNIA~ LYING WITHIN THE LAND SHOWN AS
PARCEL 3 OF THAT CERTAIN LOT-I,rpE gDJUST.•ic[JT PLqi' NO. 116,
ftECOkDSD FEBRUARY 24~ 1984 kS I[7STROMENT N0. 84-078265 OF
9FPICIAL RECORDS.
the Civic centecs~int the C ty of ~t,naheim monSDecember h10a I984 blat 1e30ing at
notice of said public hearing having heen duly given as required by law andmin
accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said pr.oposed variance and to
i.nvestigate and make findinys and recommendations in connection therewith;
said public hearing liaving been continued to :he Planning Commission meeting
of January 7, 1985; and
WHEREAS, said Commission, aEter due inspaction, investigation and
study made by itself and in its Sehal:, and afte~r due consideration of alI
evidence and repo-ts offered at said hearing, does find and determine the
following facts:
#0"s98r
PCB5-O1
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1. 'Phat the petitioner proposes waivers of the following to
construct a con~:rete block fence:
SLCTION 18.61.064.020 - Maximum fence height.
(3 feet permitted in front setback;
6 feet proposed)
2. That the aGove-mentioned waiver is hereby granted on the
basis that the petitionee demonstrated that a hardship exists in that
there are special circumstances applicable to the property auch as size,
shape, topography, location and surroundings which do not apply to other
identically zoned property in the same vicinity; and that stcicc
application of the Zoning Code deprives the property uf privileges
enjoyed by other properties in the identir.al zone ar.d cl~ssification in
the vicinity.
? 3. That there are exceptional or extraord±nary circumstances
~ or conditions applicable to the property involved or to the intended use
~ oF the property t:~at do not apply generally to the property ar class of
~ use in the s~me vicinity and zone.
~; 4. That the requested variance zs nacessary for the
preservatio~ and en~oyment of a substantial propecty right possessed by
other property in the same vicinity and 2one, and denied to the property
in question.
5. That the cequested va~i~nce w~ll not be materially
detrimental to the public welfare or injurious to the prope:ty or
impro~~ements in such vicinity and zone in which the property is located.
6. Tnat no one indicated their presence at said public
hearing in opposition; and that no correspondence was received in
opposition to subject pe*ition.
ENVIRONMF.NTA7. ItSPACT FINDING: The Planning Dir~ctor or his
autroriz^_d representative l~as detecmined tnat the propused project falls
within the definition of Categorical Exemptions, Class 3, as defined in
~- the StaCe EIR Guidelines and is, therefore, categorically exempt from the
requirement to prepare an F.IR.
~,
NOW, THEREFORE, FE IP RESOJVBD *hat the Anaheim City Planning
Commission does hereby grant subject Petition for Variance, upon the
, following conditions which are hereby found to be a necessary
~ prerequisite to tha pzoposed use of the subject property in order to
pzeserve the safety and general welfare of the Citizens of the City of
Anaheim:
1. That sidewalks shall be installec~ along Sunkist Street as
requiced by the City Engine•~r and in accord~nce with standard
plans and spec~Eicaticns on file in the Office of the City
~; Engineer.
2. That plans shall be submitted to the Building Division showing
~i' compliance with the minimum standards of the Cit~ of Anriheim,
~; incleding the Uni.form Building Cudes as adopted by tFe City of
6t~,. Anaheim. The appropriate permits shall be obtained for any
~?~.: necessary work.
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3• That prior to the commencement of the activity authorized under
this resolution, or prior to the time that a building permit is
issued, or within a period of ninety (90) days from the date of
this resolution, whi.chever occurs first, the owner(s) ag
subject propert•y shall execute and record a covenant in a for~
approved by the City T.ttocney~s Office wherein such owner(s)
agree not to contest the formation of any assessment
district(s) which may hereafter be formed pursuant to the
Pravisions of Development Agreement No. 83-01 between the City
o= Anaheim and Anaheim Stadium Associates, which district(;)
could include such owner's nroperty. Failnre to comply with
this condition within the specified time shall deem this
varianc~~ null anu void.
4• That subject pplanstand hsll be developed substantially in
accocdance with
oE Anaheim marked Pecifications on file with the City
Revision No. 1 of ~xhi6it Nos. 1 through 4.
5• That prior to the commencement of the activity authorized under
this resolution, or prior to issuance of a building permit, o=
within a pcriod of one year from the date of this resolution,
whichever occurs first, Condition No. 2, above-mentioned, shall
be complied with. Extensions foc further time to complete said
conditions may be granted i^ accordance with Section 18.03,090
of the Anaheim Municipal Code.
6• mhat pcioi to final building and zon.ing inspectio~s, Cordition
PJOS. 1 and 4, above-mentioned, shall be complied with.
Bt IT FURTHER RESOLVED that L-he Ananeim City Ylanning
Commission does hc-reby find oi~d determine that adoption of
Resolution is expressly predicatecl upon appZicanr_~S c~mpliance wit~ each
and a1.1 uf this
the conditions hereinabove set forth. Should an
condition, or any part thereof, be decla~ed invalid or unenforceable bv
the final ud Y such
J 9~ent of any court of comonr~n~ J4ristiiction, then this
Resoi,~r2On y~~~ d~~Y a~,provals herein contained, shall be deemed null and
void.
THF. FOREt;OI^]G RESOLUTION i~ s.igned and appr~v d
of Jai~uary, 1985, by me this 7th day
~
:~_/ _.C~ LL..c.~_~;y ~ .._ , /
CHAIA2IAN~ ANAHEIM CITY ~ ~/~ /(
ANNING COMMIS'SION
ATTEST:
SECR~--~i'f r . ~ /CV~'[/i~~.y.
r ANIHEID1 CITY PLANNING COMPIISSION
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PC85-O1
STATE OF CALSFORNIA )
COUNiY QF ORANGE ) ss.
CITY OF AhAHEIM )
i, Edith L. Harris, Secretary of the Anaheim City Planning
Commission, do hereby certify that the foregoing resolution wa~ passed
and adopted at a meeting of the Anaheim City Planning Commission held on
January 7, 1985, by the following vote of the members thereof:
AYES: CObiMISSIONERS: BUUAS~ BUSHORE, FRY, HERBST~ KING, LA CLAIRE~
MC BURNEY
NqES: COMMISSIONERS: t•IONE
ABSL•'NT: COI4h1ISSI0NERS: NONE
TN WITNRSS WEiEREOF, I have hereunto set my h~nd this 7th day of
January, 1985.
, _ ~~~~ .~ ~~~~
SECRETARY, FNAHEIM CITY PLANNING COMMISS',ION
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