88-173 RESOLUTION NO. 88R-173
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3763.
WHEREAS, after a request for variance by BENJAMIN
FISHER AND MARILYN FISItER, 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. 3763
was granted covering the following described property:
Parcel 1:
Lot 11 of Tract No. 10996, as shown on a Map recorded
in Book 532, pages 11 to 16 inclusive of Miscellaneous
Maps, 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:
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 because the longest axis of
the proposed house is oriented so as to minimally obstruct the
views from nearby lots and that nearby lot grades are typically 7
to 17 feet higher or lower than subject property and the 6-foot
high wall protrudes less than 2 feet into the 25-foot deep front
yard.
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 tile
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a two-story, 32 foot high (measured
to the highest point of the structure) single-family residence on
the property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
(A) SECTION 18.84.042.011
- Maximum Structural Height.
(25 feet permitted; 32 feet
proposed)
(B) SECTIONS 18.04.042.011- Maximum Fence Height.
and 18.23.064.070 (3 feet permitted; 6 feet
proposed)
That said
1.
10.
variance be granted subject to the following conditions:
That 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 perlait, 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 property 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 Municipal 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 subject property shall be developed substantially in
accordance with plans and specifications on file with the
City of Anaheim marked Exhibit Nos. 1 through 5.
That prior to the issuance of a building permit or within
a period of one year from the date of this decision,
whichever occurs first, Condition Nos. 1, 2 and 5,
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
Condition Nos. 4 and 7, above-mentioned,
complied with.
inspections,
shall be
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.
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BE 1T 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 26th day of April, 1988.
MAYOR OF THE NAHEIM
ATTEST:
OF ANAHEIM
JLW/jd
2430L
042888
-3-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify
that the foregoing Resolution No. 88R-173 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on the
26th day of April, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter, Bay
NOES: COUNCIL bIEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution
No. 88R-173 on the 27th day of April, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City
of Anaheim this 27th day of April, 1988.
(SEAL)
I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify
that the foregoing is the original of Resolution No. 88R-173, duly passed and
adopted by the Anaheim City Council on April 26, 1988.
OF AINAHEIM