RES-1989-355RESOLUTION NO. 89R-355
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3938.
WHEREAS, after a request for variance by GERALD D. &
DEBORAH M. BARNES, 743 South Thrasher, Anaheim, CA 92807,
owner, and WILLIAM R. EDWARDS ASSOC., 234 East 17th Street #205,
Costa Mesa, CA 92627, agent, 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. 3938
was granted covering the following described property:
PARCEL NO. 1:
THAT PORTION OF LOT NO. 17 AND THOSE PORTIONS OF LOTS 11
THROUGH 14 INCLUSIVE OF TRACT NO. 8520, AS SHOWN ON A
SUBDIVISION MAP, RECORDED ON APRIL 29, 1985 IN BOOK 539,
PAGES 4 TO 7 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE ORANGE COUNTY RECORDER, SHOWN AND DESCRIBED AS LOT 1
ON THAT CERTAIN LOT LINE ADJUSTMENT RECORDED FEBRUARY 17,
1988 AS INSTRUMENT NO. 88-070247 OFFICIAL RECORDS.
RESERVING THEREFROM NONEXCLUSIVE EASEMENTS FOR ACCESS,
INGRESS, EGRESS, ENCROACHMENT, MAINTENANCE, REPAIR,
DRAINAGE, SUPPORT AND FOR OTHER PURPOSES, ALL AS DESCRIBED
IN THE MASTER DECLARATION AND THE ADDITIONAL DECLARATION
REFERRED TO HEREIN.
PARCEL NO. 2:
NONEXCLUSIVE EASEMENTS FOR ACCESS, INGRESS, EGRESS,
MAINTENANCE, REPAIR, DRAINAGE, ENCROACHMENT, SUPPORT AND
FOR OTHER PURPOSES, ALL AS DESCRIBED IN THE MASTER
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEMENTS FOR ANAHEIM HILLS PLANNED
COMMUNITY ("MASTER DECLARATION") RECORDED ON APRIL 28, 1977
AS INSTRUMENT NO. 43624, IN BOOK 12169, PAGES 209 ET SEQ.
OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; AND IN
THE ADDITIONAL DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS FOR PRADO RIDGE
ESTATES ("ADDITIONAL DECLARATION"), RECORDED ON JANUARY 8,
1987 AS INSTRUMENT NO. 87-010651, IN OFFICIAL RECORDS OF
ORANGE COUNTY, CALIFORNIA.; 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:
VAR 3938
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, to wit:
The unusually large (3.5 acres) irregular shape of
the lot and its unique location
The proposed orientation and location of the
structure on the lot.
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
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 a two-story, single-family residence
on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.84.042.011 -
Maximum structural height.
'('25 feet permitted; 37 feet to
top of chimney and 35.5 feet to
top of roof ridgeline proposed);
and
That said variance be granted subject to the following conditions:
That prior to issuance of a building permit, the appropriate
drainage assessment fees shall be paid to the City of Anaheim
in an amount as determined by the City Engineer.
That prior to issuance of a building permit, the appropriate
traffic signal assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council resolution.
That unless proof of exemption is submitted in compliance with
City Council Resolution No. 85R-423, prior to issuance of a
building permit, the appropriate major thoroughfare and bridge
fee shall be paid to the City of Anaheim in an amount as
specified in the Major Thoroughfare and Bridge Fee Program for
the Foothill/Eastern Transportation Corridor, as approved by
City Council Resolution No. 85R-423.
That fire sprinklers shall be installed as required by the
City Fire Department.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 7.
That prior to issuance of a building permit or within a period
of one (1) year from the date of this decision, whichever
occurs first, 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 18.05.090 of the Anaheim Municipal Code.
That prior to final building and zoning inspections, Condition
Nos. 4 and 5, above-mentioned, shall be complied with.
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
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 15th day of August, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:kh
3279L
081689
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VAR 3958
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-355 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of August, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS' Daly, Ehrle, Pickler and Hunter
NOES'
COUNCIL MEMBERS: Kaywood
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89Ro355 on the 22nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of August, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-355 duly passed and
adopted by the Anaheim City Council on August 15, 1989.
CITY CLERK OF THE CITY OF ANAHEIM