2002-192RESOLUTION NO. 2002R-192
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2002-04502.
WHEREAS, after a request for variance to permit and
retain existing unpermitted block wall pilasters and to install
new wrought iron panels in between the pilasters, in the required
front yard setback of a single-family residence in the RS-7200
Zone, 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. 2002-04502 was approved
covering the following described property:
Lot 4 of Tract No. 1659, in the City of
Anaheim, County of Orange, State of
California, as per map recorded in Book 49
and pages 17 and 18, Miscellaneous maps, in
the office of the County Recorder of said
County; and
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:
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.
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 to permit and retain existing
unpermitted block wall pilasters and to install new wrought iron
panels in between the pilasters, in the required front yard
setback of a single-family residence in the RS-7200 Zone, on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
Sections 18.04.043.100.101(a) -
18.12.060.090
18.26.063.010
and 18.26.064.070
Maximum fence height.
(3 feet high permitted in
front 24-foot setback along
Rose Street; 5 feet high
proposed)
That said variance be granted subject to the following
conditions:
1. That the appropriate permit shall be obtained from the
Building Division for the existing block wall pilasters with
proposed wrought iron panels.
2. That the property owner shall either:
(a) Relocate the existing block wall pilasters six and
one-half (6.5) feet to the east, out of the public right-of-way
along Rose Street; or
(b) Obtain approval of a vacation of the public right-of-
way in the area where the pilasters and fence exist subject to
reservation of public utilities easements by the City.
3. That 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, 2 and 3, and as
conditioned herein.
4. That within a period of one (1) year from the date of this
decision, Condition Nos. 1, 2 and 3, above-mentioned shall be
complied with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 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
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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 20th day of August,
2002.
MAYOg^OF THE CITY OF ANAHEIM
PRO TEM
ATTEST:
~f~-~LERK O~ THE CItY 5F ANAHEIM
46347.1
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2002R-192 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 20th day of August, 2002, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: McCracken, Tait and Kring
NOES:
MAYOR/COUNCIL MEMBERS: Daly and Feldhaus
ABSENT:
MAYOR/COUNCIL MEMBERS: None
(SEAL)