RES-2007-011LOT 76 OF TRACT NO. 2350; and
RESOLUTION NO. 2007 -011
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO.
2006 04702, IN PART.
WHEREAS, after a request for variance to retain an existing outdoor fireplace and
detached bathroom in the rear yard of a single family residence was received, a public hearing before
the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of
which Variance No. 2006 -04702 was denied covering the following described property:
WHEREAS, thereafter, within the time prescribed by law, an interested party or the
City Council, on its own motion, caused the review of said Zoning Administrator action at a public
hearing noticed and held as prescribed by law and, as a result thereof, the City Council does hereby
make the following findings with regard to the existing outdoor fireplace:
1. That there are special circumstances applicable to the property, including size, shape,
topography, location or surroundings, which do not apply to other property under identical zoning
classification in the vicinity.
2. That, because of special circumstances shown in (1) above, strict application of the
zoning code deprives the property of privileges enjoyed by other property under identical zoning
classification in the vicinity; and
WHEREAS, with regard to the existing detached bathroom, the City Council does
hereby make the following findings:
1. That there are no special circumstances applicable to the property which do not
apply to other property in the same vicinity and zone.
2. That strict application of the zoning code does not deprive the property of privileges
enjoyed by other property in the same vicinity and zone.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby, granted, in part, to retain an
existing outdoor fireplace on the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
SECTION NO. 18.04.100.040 Permitted encroachment for accessory buildings and structures (5 feet
required for the fireplace; 21 inches existing for the fireplace)
That said variance be granted subject to the following conditions:
1. That plans shall be submitted to the Planning Department indicating that the fireplace
has been moved out of the existing 5 -foot wide Public Utilities easement along the rear property line,
unless approval has been obtained from the Public Works and Public Utilities Departments to allow
for an encroachment into said easement area.
2. That the appropriate building permits shall be obtained for the subject outdoor
fireplace.
3. That the subject property shall be developed substantially in accordance with plans
and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 3, as conditioned herein
4. That prior to issuance of a building permit, or within a period of one (1) year from the
date of this resolution, whichever occurs first, Condition Nos. 1 4, above mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance
with Code Section No. 18.60.170 of the Anaheim Municipal Code.
5. That approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City,
State, and Federal regulations. Approval does not include any action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby find and determine that adoption of this Resolution is expressly 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 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 FOREGOING RESOLUTION is approved and adopted by the City Council of the
City of Anaheim this 9th day of January, 2007, by the following roll call vote:
AYES: Mayor Pringle, Council Members Sidhu, Hernandez, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
A'1°1
CITY
64331.1
RK OF HE CITY OF
HEIM
CITY OF EIM
By
MAY OF THE C F AHEIM