RES-1989-130 RESOLUTION NO. 89R-130
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3864, IN
PART.
WHEREAS, after a request for variance by MATTHEW W. and
MARIE E. GREENE, owners, 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. 3864 was
granted covering the following described property:
PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, .AS SHOWN ON PARCEL MAP NO. 82-245
FILED IN BOOK 174 PAGE 49 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE 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 Planning Commission 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 requiring approval of a
waiver of the minimum structural setback requirement only and such
evidence is not present which would authorize a waiver of the
maximum structural height requirement.
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 requiring approval of a waiver of
the minimum structural setback requirement only and such evidence
is not present which would authorize a waiver of the maximum
structural height requirement.
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, permitting a single-family residence
on the property hereinbefore described with waiver of the following
section only of the Anaheim Municipal Code:
SECTION 18.23.063.011
Minimum structural setback.
"(2S-feet required along
Mohler Drive; 15 to 25 feet
proposed)
GRNTG VAR. 3864
I N PART
That said variance be granted subject to the following conditions:
i ·
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 the City Council
resolution.
·
That prior to issuance of a building permit, that the
appropriate drainage assessment and sewer assessment fees
shall be paid to the City of Anaheim in an amount as
determined by the City Engineer.
·
That drainage of subject property shall be disposed of in a
manner satisfactory to the City Engineer.
·
That the legal owner of subject property shall dedicate and
improve a ten (10) foot wide riding and hiking trail easement,
as shown on the Riding and Hiking Trail Component of the
General Plan and as required by the Parks and Recreation
Department.
That the driveway(s) to the public streets shall be a minimum
twelve (12) feet wide with a maximum grade of ten percent
(10%).
·
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-425.
7. That subject property shall be served by underground utilities.
·
That petitioner shall construct a six (6) foot high fence
along the east property line excepting the front twenty five
(25) foot setback area along Mohler Drive. If the fence is
extended into the front setback, the height shall not exceed
three (5) feet within said area.
·
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit Nos. 1, 4, 5 and 6
and Exhibits Nos. 2 and 5; provided, however, that the maximum
building height shall not exceed thirty (50) feet, excluding
chimneys; that not more than ten percent (10%) of the total
roof area shall exceed twenty five (25) feet in height; and
that not more than thirty three percent (55%) of the length of
the combined ridgelines or thirty seven (57) feet, whichever
is less, shall exceed twenty five (25) feet in height.
-2- GRNTG VAR. 5864
IN PART
10. That the legal owner of subject property shall record a
covenant with the Office of the Orange County Recorder
specifying that a minimum fifteen (15) setback to the house
will be maintained along the entire east property line. The
covenant shall be approved as to form by the City Attorney
prior to recordation. A copy of the recorded covenant shall
be submitted to the Zoning Division.
11. That prior to issuance of a building permit or within a period
of one (1) from the date of this decision, whichever occurs
first, Condition Nos. 1, 2, 6 and 10, above-mentioned, shall
be complied with.
12. That prior to final building and zoning inspections, Condition
Nos. 3, 4, 5, 7, 8 and 9, above-mentioned, shall be complied
with.
13. That approval of this application constitutes approval of the
proposed requires 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 day of April , 1989.
18th
ATTEST:
EITY'CLERK OF THE CITY 0 ANAHEIM
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3044L
042489
-3-
GRNTG VAR. 3864
I N PART
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-130 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of April, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: Daly and Ehrle
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-130 on the 27th day of April, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of April, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. $OHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-130 duly passed and
adopted by the Anaheim City Council on April 18, 1989.
CITY CLERK OF THE CITY OF ANAHEIM