Loading...
88-385 RESOLUTION N0. 88R-385 A RESOLUTION OF THE CITY COUNCIL OF 'THE CITY OF ANAHEIM GRANTING VARIANCE N0. 3832. WHEREAS, after a request for variance by GILBER`I' L. WIGGAM and KATHLEEN WIGGAM, 768 Fairway Lane, Anaheim Hills, CA 92807, 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. 3832 was approved covering the following described property: Lot 12 of Tract No. 1099"6, as shown on a map recorded in Book 532, Pages 11 to 16 inclusive of Miscellaneous Maps, Records of Urange 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's 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: l. 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 kESULVED 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, 29 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 - Maximu Structural Height 25 feet permitted in the Scenic Corridor Overlay Zone; 29 feet proposed) SECTION 18.23.063.011 - Minimum Fountain Setback. 25 feet permitted; 15 feet �-�- proposed ) That said variance be granted subject to the following conditions: 1. 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-423. 2. 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. 3. 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. 4. That a site plan indicating compliance with City parking and driveway design standards shall be submitted to and approved by the City Traffic Engineer prior to the issuance of a building permit. 5. That subject proposal shall be served by underground utilities. 6. That, as specified in Anaheim Municpal Code Section No. 18.84.U42.012, no roof-mounted equipment, whatsoever, shall be permitted. 7. 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 4. 8. 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 through 4, 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. 9. That prior to final building and zoning inspections, Condition Nos. 5 and 7, above-mentioned, shall be complied with. 10. 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. -2- BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Kesolution 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 llt day of October, 1988. MAYOR OF THE CI Y OF ANAHEIM ATTEST; �i�G'�✓�� � C R 0 E Y UF A AHEIM JLW:bg 2789L -3- 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-385 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the llth day of October, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Picklet and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anahei�n sigt�ed �a=i.� Resolution No. 88R-385 on the 2nd day of November, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of November, 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-385 duly passed and adopted by the Anaheim City Council on October 11, 1988. �� � ��CITY CLERK OF THE tTY UF .�NAHEIM