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88-215 RESOLU'IlON NO. 88R-215 RESOLUI[ON OF THE CITY COUNCIL OF THE ANAHEIM GRANTING VARIANCE NO. 3776. CITY WHEREAS, after a request for variance by GERALD R. BUSHORE AND BEVERLEY V. BUSHORE, 548 S. West Street, Anaheim, CA 92805, 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. 3770 was granted covering the following described property: PARCEL 1: A portion of Section 1, ill Township 4 of South Range 9 West, San Bernardino Base and Meridian, in the City of AnaBeim, described as follows: Beginning at the Southeasterly corner of a certain 1.086 acre parcel of land shown on a Map of Survey recorded in book 41, page 45, Record of Surveys, in the office of the County Recorder of said Orange County; thence South 65~ 46' 00" West 353.17 feet; thence South 24c 50' 40" East 131.40 feet; thence North 05~ 41' 13" East 310.36 feet; thence North 6: 41' 00" West 137.35 feet to tile point of beginning; 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, ~HEREFORE, bE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a 2-story, 33-foot high, single-family residential and i horse corral on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Section 18.23.030.0912-Minimum Corral Setback. (20-foot setback from all property lines required; proposed adjacent to one or two property lines) corral (B) Section 18.84.042.011-Maximum Structural Height. (25 feet permitted in the Scenic Corridor; 28 and 33 feet proposed). That said 1. o 10. 11. variance be granted subject to the following conditions: 7hat 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 prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 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 determined by the City Council. That subject proposal authorized by this Resolution shall be served by underground utilities. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Hunicipal Code, the "SC" Scenic Corridor Overlay Zone. 'that, as specified in Anaheim Municipal Code Section No. 18.84.041.012, no roof-mounted equipment, whatsoever, shall be permitted. That fire sprinklers shall be installed as may be required by the City Fire Marshall, based on accessibility for emergency vehicles, including appropriate grade of the access streets. lhat prior to issuance of a building permit, the owner of subject propert7 shall pay the appropriate drainage assessment fees to the City of Anaheim in an amount as determined by the City Engineer. 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 6. That prior to issuance of a building permit, or within a period of one year from the date of this decision, whichever occurs first, Conditions Nos. 1, 2, 3, and 8 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. That prior' to final building and zoning inspections, Conditions Nos. 4, 7 and 9 above mentioned, shall be complied with. -2- 12. 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 FURTttER 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 bereinabove 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 City Council ATTEST: is approved and adopted by the of the City of Anaheim this 31st day of May, 1988. ~IA~H~ ANAHEIM ~- ~' / ~--'~'~"--N CITY CLERK OF TIiE CITY OF ANAHEIM OL~/jd 2SSOL 060688 CLERK STATE OF CALIFOF~NIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-215 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 31st day of May, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Hunter, Pickler and and Bay NOES: COUNCIL MEMBERS: Ehrle and Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-215 on the 9th day of June, 1988. iN WITNESS WHEREOF, I have lmreunto set my hand and affixed the seal of the City of A~,aheim this 9th day of June, 1988. CITY CLERK OF THE 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. 88R-215 duly passed and adopted by the Anaheim City Council on May 31, 1988.