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PC 85-02RESOLUTION N0. PC85-02 A RESOLUTION O~ '1HE ANAHEIM CITY PLANNING COMb1ISSI0N TF,AT PETITION FOR VAnIANCE N0. 3445 BE DENIED WHEREAS, the Anaheim City Planning Commissiqn did receive a verificd Fetition for Variunce from RUTH C. SPENCER AND RZCHAkD H. SPLNCER, 3C3 Black Oak Road, Anaheim, California 92807, owners, of c~rtain real prooerty situated in the City of Anaheim, County of Orange, State of California described as: LOT 38 UF TRACP NO. 4689, AS PER MAP RECO~DED IN BOOK 193 PACES 3 to 5 INCLUSIVE OF MISCELLANEOUS b1APS, IN THE QFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, tl~e City Planning Commission did hold a public hearin9 at the Civic Center in the City of Anaheim on December ]0, 1984, at 1:30 p.m., notice of said public hearing having be2n duly given as required by law and in accordance with the provisions of the Anaheim pfunicipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance und to investigate and make findings and recommendations in con:,ection therewith; said public hearing having continued to t1,e Flanning Commission meeting of January 7, 1985; and WIiF.REAS, said Commission, after due inspection, investigation and study made by itself and ir~ its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the followi.ng facts: 1. That the pel:itiorier pruposes waivers of ::he followiny to retain 30 rabbits in the RS-HS-10,000 (Residential, Single-Family, Hillside) Zone. (a) S~CTIONS 18.02.U52.012 - Minimu~n sechack for rabbit hutch^^ AND 18.24.030.050 (20 feet from the property line required; none ~xisting) (b) SECTION 18.02.052.0133 - Maximum number o€ rabbits. (5 rabbits permitted on 29,600 square £oot lot; 30 rabbits existing) 2. ^'hat the above-mentioned waivers are hereby denied on the basis that the illegal use has created a nuisanca in the neighborhood and further on the basis that there are no special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zor.=d pcoperty in the same vicinity; and that strict application of the Zoning Code does not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are no exceptional or extraordinary circumstances or conditions applicable to the property invol~~ed or to the intended use of the property that do not apply generally to the property or class of use in che same vicinity and zone. ~a 8~399c PCBS-02 ~ L 4. That the reques~ed variance is not necessary for the preservation and enjoyment of a substantiai property right possessed by other pruperty in the same vicinity and zone, and deni~d to the property in question. 5. That the requested variance will be materially detrimental to the public welfa~•e or injurious to the property or improvemcnts in such vicinity and zone in which the property is located. 6. That six persons indicated their presence at said public hearing in opposition; and 6 people indicated thei.r presence at said public hearing in favor and that petitions were submitted in opposition to subject petition. ENVIRON6IENTAL IMPACT FINDING: That the Anaheim Citv Pianning Commis~ion has reviewed the proposal to cetain 30 rabbits in the RS-HS-10,0~0 (Residential, Single-Family, Hillside) Zone with waivers of minimum setback for rabbit hutches and maximum number oP rabbits on a rectangulary-shaped parcel of land consisting of approximately 9,600 square Ceet located at the southwest corner of Maple iree Drive and Black Oak Road, further described as 303 Black oak Road; and does hereby approve the Negative Declazation upon the Pinding that it has considere~ ~t~e Negative Declaration together with any commencs received during tl~e public review process and furtt~er finding on the ba~.is of the initial study and any comments received that there is no substantial evidence that the pro;iect will have a significant effect on the erivironment. NOW, TEIEREFORE, RE IT RESOLVED that L~ rlnaheim City Planning Commission does heceby deny subject Petition for Va, ce on the basis of the aforementioned Eindings. THE FOREGOING RESOLUTiON is si.gned and approved by me this 7th dav of Jatiua:y, 1585. / / t/ ~ ~<. ~~ ' ~~., / ~--~.-'~ e~-' ? ' ~~7„ CHAIR6fAN, ANAH^cIM C TY PLANNZNG COD1h1ISSI0N ATTEST: n ~./ / /~ ~ - lo~t%Ci j ~=J~/ a.~ SECRETARY, P.NAHEIDI CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OE ORANG.°. ) ss. CITY OF APJAF1EIh1 ) j~ Edith L. flarris, Secretary of the Anaheim City nlanning Commission, do hereby cprt~fy that th= foregoing resolution was passed and adopted at a meeting of tl~e A~iaheim City Planning Commission held on January 7, 1985, by the following ~ote of the members thereof: AYES: C06fyISSIONERS: BUSHORE, CRY, HERBST, RING, LA CLAIRE, NOES: COMMISSIONERS: DOUAS, MC BURNEY ABSENT: COb11+lISSIOtJERS: NONE IN FiITNESS WHEREOF, I have hereunto set my hand this 7th day of ~enuarY. 1985. '~ _ ~!C~C'~~S.c ~ / ~~ G~Lc.~ SECRETARY~ ANAHElM CI;Y PLANNING COMMISSIOt7 -Z- °C85-02 .. . :^:,