RES-1989-149 RESOLUTION NO. 89R-149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING VARIANCE NO. 3914.
WHEREAS, after a request for variance by TING F. HSIAO,
328 North Beach Boulevard, Anaheim, CA 92801, owner, to
construct a 3-story apartment project by converting a third level
attic space into a habitable area, 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. 3914
was denied covering the following described property:
LOT 111 IN BLOCK H OF ttEIMANN AND GEORGE'S MAP OF
ADDITION BUILDING LOTS, AS PER MAP RECORDED IN BOOK 2,
PAGE 249 OF MISCELLANEOUS MAPS OF LOS ANGELES COUNTY,
CALIFORNIA.
EXCEPT THEREFROM, THE SOUTHERLY 1-1/2 FEET CONVEYED TO
THE CITY OF ANAHEIM FOR ALLEY PURPOSES; 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 no special circumstances applicable to the
property which do not apply to other property in the same vicinity
and zone because (i) the property is a regularly shaped lot which
does not differ materially in size, shape or topography from other
properties in the area, and (ii) there are no existing 5-story
apartment buildings in the area because most, if not all, of the
existing area residences consist of i-and 2-story single family
dwellings.
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 but in fact is already being developed
with greater privileges than other property in the same zone since
the subject property is being developed with a legally
nonconforming apartment complex which has a density (4-units) two
times higher than is permitted by the existing underlying RM-2400
Zone (2-units) due to building permits having been issued while
the property was still in the RM-1200 Zone, and that shortly after
issuance of building permits, the General Plan land use
designation was decreased from 'medium density residential' to
'Iow-medium density residential' and the area was down-zoned to
the RM-2400 Zone. Further, approval of this variance could double
the 'people density' of the project from 8 residents to 16
residents because the existing 4 apartments have 1-bedroom each
and the proposal would result in 2-bedrooms per apartment.
Finally, because of the down-zoning to RM-2400, no other property
DNYG VAR 3914
in the area can legally be developed with the same residential
density as exists on subject property; and, further, that
expansion of a nonconforming use of land is specifically
prohibited by Zoning Code Section 18.02.058.051.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance be, and the same is hereby,
denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
Section 1094.6 of the Code of Civil Procedure and Anaheim City
Council Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 25th day of April, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANA1TEIM
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042889
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DNYG VAR 3914
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-149 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of April, 1989, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and Hunter
NOES:
COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-149 on the 3rd day of May, 1989.
IN WITNESS kB{EREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 3rd day of May, 1989.
CITY CLERK OF TIlE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-149 duly passed and
adopted by the Anaheim City Council on April 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM