88-171 RESOLUTION NO. 88R-171
A RESOLUTION OF THE CITY COUNCIL OF THE
OF ANAHEIM GRANTING VARIANCE NO. 3761.
C I 'FY
WHEREAS, after a request for variance by HAROLD ABEDOR
AND JOAN DEAN ABEDOR, 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. 3761
was granted covering the following described property:
Lot 4 of Tract 9601 in the City of Anaheim, County of
Orange, State of California, as per map recorded in
Book 577, Pages 48 to 50 inclusive of Miscellaneous
Maps, in the office of the County Recorder of said
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 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 subject property
consists of a graded pad which is at least ten feet higher than the
adjacent residential lots and street to the east, south and
southwest; that existing area dwellings are located at least 200
feet away at grades exceeding 50 feet higher or lower than subject
property; and that the adjacent property to the northwest is a
300-foot wide Southern California Edison Company easement
containing major transmission lines and towers.
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, TttEREFORE, 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 single-family residence with a roof
ridgeline not exceeding a height of 35 feet and a chimney not
exceeding a height of 40 feet 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 required; 40 feet proposed)
Pi~at 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 tire 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.
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.
~hat prior to issuance of a building permit, the
appropriate traffic signal assessment fee shall be paid
to tire City of Anaheim in an amount as determined by the
City Council.
That subject property shall be served by underground
utilities.
That prior to issuance of a building permit the
appropriate fees due for primary water service shall be
paid to the ~ater ~tility Division by the owner/developer
in accordance with Rules 1SA and 20 of the ~ater ~tility
Rates, Rules and Regulations.
That, as specified in Anaheim Municipal Code Section No.
18.84.042.012, no roof-mounted equipment, whatsoever,
shall be permitted.
That this Variance is granted subject to the adoption of
the Zoning Ordinance in connection with Reclassification
No. 76-77-40, now pending.
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 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, 3 and 7,
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
Condition Nos. 4 and 8, above-mentioned,
complied with.
inspections,
shall be
-2-
11 .
That approval of this application constitutes approval of
the proposed request only to tile 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
tile request regarding any other applicable ordinance,
regulation or requirement.
BE IT FORTHER 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 ally 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~~NAHEIM
ATTEST:
.--.~-CITY CLERK OF THE OF ANAHEIM
,JLW/jd
2427L
042788
-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-171 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 MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution
No. 88R-171 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-171, duly
passed and adopted by the Anaheim City Council on April 26, 1988.
ANAHEIM