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PC 85-178RESULUTION N0. PC85-178 A RESOLUTION OP THE ANAHEIt9 CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE N0. 3502 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petiticn for Variance frum MARGARET J£P.N LEVECKE, 700 North Helena Street, Anaheim, ~alifornia 92805, owner, and HORST J. SCHOR, 1200 Notth Harbor Boulevard, Anaheim, California 92801, agent Eor certain real property situated in the city of Anaheim, County of Orange, State of California described as: LOTS 13 AND 14 OF TRACT N0. 1070~ AS SHOWN THEREON RECORDED IN BOOK 34~ PAGE 36 OF MISCELLANEOUS MAPS~ RECORDS OF SAID OkANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did I~old a public heacing at the Civic Center in the City of Anaheim on July 22, 198:, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and conaider evidence for an~ against said propcsed variance and to investigate and make findings and recommendations in connection thetewith; and WFiEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and aftec due consideration of all evidence and reports offered at said hearing, does find and determine the follcwiny facts: 1• That the petitioner proposes waivers of the following to permit a playhouse in the side yard and a dog run in the front yard: (a) SECTIONS 18.04.043 - Pecmitted encroachments into required vards. AND 18.25.064 (DOg runs not a permitted encroachment into required 33-foot front vard setback area adiacent to Eielena Stzeet or required 10-foot side vard setback areas; doq run located o Leet from Helena Scceet and 4-1/2 feet from north pro ertv linA existing). (b) SECTZONS 18.04.043.1U1 - Ma~cimum fence hei.qht. AND 18.25.064.110 (_3_6-inch hiah maximum in required 33-foot front vard setback area permitted; 5-foot hiah chainlink fence around doq run and 6-foot hiqh block wall ad'acent to north propertv line existing) (c) SECTION 18.25.063.020 - Minimum side yard setback. (10 feet adjacent to north propertv line required; 1 foot to playhouse and 4-1/2 feet to dog run existing) 2. That the above-mentioned waivers (a) and (b) are hereby denied on the basis that there are no special circumstances applicable to the pcoperty such as si2e, shape, topoyraphy, location and surroundings which do not apply to ott~er identically zoned property in the same vicinity; and that strict USSlr PC85-187 ,~,~, apNi:~ation of the Zoning Code does not depcive the property of privileges enjoyed by other peoperties in the identical zone and classif.icacion in the vicinity; and that an undesireable precedent could be established by approving said waivers. 3. That the above-mentioned waiver (c) is hereby granted, in part, to pecmit the playhouse to remain, on the basis that strict application of the Zoning Code deprives the property of privileges enjoyed by othec pcoperties in tk~e same Zone and classification in the vicinity; and subject to the petitioner's stipulation to remove the gabled roof and replace it with a flat roof at the same height as the coof on the carport located on the adjacent propetty to the nocth. 4. That there .3r2 except.ionol or exlraordinary circumstances or conditions applicable to ~he property involved or to the intended use of the Froperty that do not ap~~ly generally to the property or class of use in the same vicinity and zone. 5. That the requested variance, as granted, is necessary for the preservation and enjoyment of a substantia.l property right possessed by other ptoperty in the same vicinity and zone, and denied to the property in question. 6. That the requested variance, as gcanted, will not be materially detrimental to the public welEare or injurious to the groperty or improvements in such vicin.ity and zone in which the property is located. 7. That six persons indicated their presence at said public hearing in opposition; and that no ;:orrespondence was received in opposition to subject petition. ENVIRONDIENTAL IMPACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a playhouse in the side yard and a dog run in the f~ont yaru with waivers of permitted encroachments into required yards, maximum fence height a~d minimum side yard setback on a rectangularly-shaYed parcel of land consisting of approximately 16,737 square t~et, located at th~ north?act cornPr of Wi.lhelmina Street. a~d Helena Street, and fur.ther described as 700 North Nelena Street; and does hereby appcove the Negative Declaration upon finding that it has considered the Negative Declatation together ~aith any comments received ~uring the public review process and furthec Einding on the basis of the inilial study and any comments received that there is no substantia: e~idence that the project will have a significant effect on the environment. NUW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission ~'oes hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessa[y prereguisite to the proposed use of the subject prooerty in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1, That the owner ot subjer.t property shall irrevocably offer to dedicate to the City of Anaheim a 15-foot radius corner return abutting subject property aleng Wilhelmina and F~elena Street. -2- PC85-.178 ~~ ~ •, . i .,;, :1 '~ r•~. 2. Tiiat plans shall be submitted to the Building Division showing compliance with the minimum standards oi the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appzcpriate permits shall be obr_ained for any necessary work. 3. That subject properl•y shall be developed substantially in accocdance with plans and specifications on file with the City of Anaheim ma[ked Exhibit No. 1; provided, however, that the dog run and six-foot high block wall adjacent to the north property line shall be removed and that L•he pluy house cabled roof shall be replaced with a flat roof at the same heiyht as the carport roof on the adjacent property to the north. 4. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 5. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be complied with. B~ ;T FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoptior. of this Resolution is ex~ressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenEorceable by the final judgment of any couct of competent jurisdiction, then this Resolution, and any approvals herein containeq, shall be deemed null and void. THE FOREGOING RESOLGTION is signed and approved by me this 22nd day of July. 1985. ~ ,/ i% C~lL(,G[~,.--~- ~~ n ~,i/%a.c.c.c~ CHAZRAfAN~ ANAHEI~1 C~PLANN NG COMMISSION ATTEST: ~~~ ~ ~ SECRETAR ~ ANAHEIM CI4'Y PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY UF ORANGE ) ss. CITY OF ANAHEIM ) I, Edith L. Harris, Secretary of the Anaheim City Planning Commissi•,n, do hereby cectiLy that the foregoing resolution was passed and ac]opted at a meetiny oE the Anaheim City Planning Commission held on July 22, 1985, by the following vote of the members thereof: AYES: COFIPIISSIONERS: BOUAS, HERBST~ LA CLAIRE, LAWICKI~ MESSE NOES: CUMMISSIONERS: NONE ADSENT: COMMISSIONERS: FRY~ MC BURNEY IN WITNESS WHEREOF, i liave hereunto set my tiand this 22nd day of July, 1985. ~~ ~ ~~: SECRRTARY~ ANAHEIM CITY PLANNING COMMISSION -3- PC85-178