Resolution-PC 98-2RESOLUTION NO. PC98-2
A RESOLUTION OF THE ANAHEIM CITY PLANNING COA~MISSION
THAT PETITION FOR VARIANCE NO. 4319 BE DENIED
WHEREAS, tne Anaheim City Pianning Commission did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of California
described as:
LOT 8 OF TRACT, 4096 IN THE CITY OF ANAH~IM, AS PER MAP
RECORDED IN BOOK 147, PAGES 12 AND 13 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTI'.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on January 5, 1998, at 1:30 p.m., notice of said public hearing having been duly
given as required by ~aw and in accordance with the provisions of the Anaheim Municipal Code, Chapter
18.03, to hear and consider evidence for ~nd against said proposed variance and to investigate aiid
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, invesiigatio~ and study made by
itself and in its behalf, and after due consideration of aIl eviden~e and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes waivers of the following to retain an existing 144 sq. ft.
wood irellis attached to the garage and a 126 sq, ft. patio cover in the side yard:
(a) Sections 18.04.043.102 - Maximum fence heiaht.
and 18.26.068
(b) Section 18.26.063.010 - Mini~num front vard setback.
25 feet required; 18.5 feet proposed)
(r,) Section 18.26.063.020 - Ninimum side vard setback.
2. That the proposed waivers are hereby denied on the basis that there are no
exceptional or extraordinary circumstances or conditions applicable to the property ir.volved 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. Thai the requested variance is not necessary for the preservation and enjoyment
of a subslantial 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 be materially detrimental to the public welfare
or injurious to the property or improvements in sucii vicinity and zone in which the property is located;
6. That there are no special circumstances appiicable to the property such as size,
shape, topography, location or surroundings, which do not apply to other identically zoned properties in
the vicinity;
7. That strict application of the Zoning Code does not deprive the property of
privileges enjoyed by other properties under identical zoning classificaiion in the vicinity; and
CR3149PL.DOC -1- PC98-2
8. That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to subject pPtition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Commission
has u~termined that the proposed project does not fail within the definition of ~ategorical Exemptions, as
defined in the State Environmental Impact Report (EIR) Guidelines and is, therefore, not categorically
exempt from the requirement to prepare an EIR.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby deny subject Petition for Variance on the basis of the aforementioned findings.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 5, 1998. ' ~
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CHAIRPERSON, ANAHEINf CITY PLANNING COMMISSION
ATTEST:
l • C.7dt.6HUQ'
SECRETARY, A HEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Margarita Solorio, Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on January 5, 1998, by tlie following vote of the members thereof:
AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER, iVAPOLES, PERAZA
NOES: COMMISSIONERS: NONE
AEiSENT: COMMISSIONERS: 61AYER
IN ~NITNESS WHEREOF, i have hereunto set my hand this G~~ day of
r /_~~l~h~~.1998. , .
`/ l3GW~GG~~
SECRETARY, A H~IM CITY PLANNING COMMISSiON
-2- PC98-2