88-419 RESOLUTION NO. 88R.-419
A RESOLUTION OF THE CITY COUNCIL OF THE
OF ANAHEIM GRANTING VARIANCE NO. 3828.
CITY
WHEREAS, after a request for variance by TONY W.
BAXTER, 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA 92807,
owner, was received, a public hearing before the Planning
Commission of the City of Anaheim was held upon due and proper
notice, a result of which Variance No. 3828 was granted , in
part, covering the following described property:
Parcel 1 in the City of Anaheim,
recorded in Book 204, Page 15 of
of Orange County; and
as shown on a Map
Parcel Maps, records
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.
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 the
City of Anaheim that a conditional zoning variance be, and the same
is hereby, granted permitting a 2-story, 31.5-foot high,
single-family residence 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 permitted in the Scenic
Corridor Overlay Zone; 31.5 feet
proposed)
That said variance be granted subject to the following conditions:
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.
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.
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12.
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 City Council resolution.
That subject proposal shall be served by underground utilities.
That a perpetual easement agreement for a strip of land ten
(10) feet wide for utilities purposes for an existing overhead
pole line located in the northern portion of subject property
shall be submitted to the City Attonrey's Office for review
and approval. The approved agreement shall then be filed and
recorded in the Office of the Orange County recorder. Proof
of said recordation shall then be submitted to the Zoning
Division.
That prior to commencement of structural framing, fire
hydrants shall be installed and charged as required and
approved by the City Fire Department.
That any specimen tree removal shall be subject to the tree
preservation regualtions in Chapter 18.84 of the Anaheim
Municipal Code, the "SC" Scenic Corridor Overlay Zone.
That, as specified in Anaheim Municipal Code Section No.
18.84.042.012, 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 7.
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 5, 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, Condition
Nos. 4 and 9, above-mentioned, shall be complied with.
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 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 6th day of December, 1988.
dldAYOR OF T~CITY OY~--_a_N__aJ4q~IM
ATTEST:
CITY CLERK OF ThE CITY OF ANAHEIM
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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. 88R-419 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of December, 1988, by the following vote of the members thereof:
AYES
NOES
COUNCIL MEMBERS: Daly, Pickler and Hunter
COUNCIL MEMBERS: None
ABSTAINED:
COUNCIL MEMBERS: Kaywood
TEMPORARILY ABSENT: COUNCIL MEMBERS: Ehrle
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 88R-419 on the 14th day of December, 1988.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 14th day of December, 1988.
CITY CLERK OF THE CITY OF ANAHEIM
(SEA1,)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 88R-419 duly passed and
adopted by the Anaheim City Council on December 6, 1988.
CITY CLERK OF THE CITY OF ANAHEIM