2004-104RESOLUTION NO. 2004 - 104
A RESOLUTION OF THE CITY COUNCIL OF
TIlE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2003-04594, IN PART.
WHEREAS, after a request for variance was received to permit and retain a
5-foot, 2-inch high combination block wall and wrought iron fence and gate
(partially-constructed) and to retain an existing house addition (under construction) which
encroaches into the required front yard setback of a single-family residence in the RS-10,000
(Residential, Single Family) zone, 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. 2003-04594
was granted, in part, covering the following described property:
THAT PORTION OF THE LOT 37 OF ANAHEIM EXTENSION,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 4
PAGES 629 AND 630, OF DEEDS, RECORDS OF LOS ANGELS
COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTERLINE OF WEST
STREET, 1337.21 FEET SOUTHERLY MEASURED ALONG
SAID CENTERLINE FROM ITS INTERSECTION WITH THE
NORTH LINE OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE
10 WEST, S, E, B & M, AS SAID STREET AND SECTION LINE
IS SHOWN ON A MAP OF A PORTION OF SAID SECTION
MADE FOR F. W. FLEISCHMANN, FILED IN BOOK 1 PAGE
56 OF RECORD OF SURVEYS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE
CONTINUING SOUTHERLY ALONG THE CENTERLINE OF
SAID WEST STREET, AS SHOWN ON SAID RECORD OF
SURVEY, 83 FEET; THENCE SOUTHWESTERLY TO A POINT
WHICH IS 591.43 FEET SOUTHWESTERLY FROM THE
CENTERLINE OF SAID WEST STREET MEASURED ALONG
THE SOUTH LINE OF LOT 4 AND THE EXTENSION
THEREOF AS SHOWN ON SAID FLEISCHMANN SURVEY
AND 745.26 FEET NORTH MEASURED PARALLEL WITH
THE EAST LINE OF THE WEST HALF OF THE NORTHWEST
QUARTER OF SECTION 9; THENCE NORTH PARALLEL
WITH SAID EAST LINE OF THE WEST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION NINE 81.37
FEET, THENCE NORTHEASTERLY TO THE POINT OF
BEGINNING.
SAID PROPERTY IS ALSO SHOWN AS PART OF LOT 4 OF
THE F.W. FLEISCHMANN SUBDIVISION OF A PORTION OF
SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S, E, B
& M, FILED IN BOOK I PAGE 54, OF RECORD OF SURVEYS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE 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 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 the requested waivers are hereby approved, in part, to permit a 5'-2" high
fence located 10 feet from the front property line (instead of at the front property line), and to
permit a 77-foot setback between the house addition and the front property line.
2. That there are special circumstances applicable to this property consisting of its
size and dimensions, which are not typical of the underlying RS-10,000 zone and which do not
apply to other identically zoned properties in the vicinity; that the minimum front setback
requirement in the RS-I 0,000 zone is 25% of the lot depth without any limitation (i.e., the deeper
the lot, the larger the front setback); and that the minimum lot size in the RS-10,000 Zone is
10,000 sq.ft, and the minimum lot width is 90 feet, resulting in a 111-foot deep lot which would
have a required front setback of 28 feet and, in comparison, subject property is more than twice
as large (about 28,000 sq.ft.) with a width of only 80 feet, resulting in a depth of 363 feet with an
exceptionally deep front setback requirement of 90 feet.
3. That strict application of the Zoning Code would deprive this property of
privileges enjoyed by other properties under identical zoning classification in the vicinity because
other RS-10,000-zone lots in the area, which are more conventionally sized, are developed with
front yard setbacks as shallow as 25 feet; and that the proposal, as approved, will be compatible
with thc front setbacks and overall character of the surrounding single-family residences in the
neighborhood.
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, in part to permit
a 5' 2" high wrought iron fence to be constructed and maintained a minimum of ten feet from the
first property line on the property hereinbefore described with waivers of the following sections
of the Anaheim Municipal Code:
(a)
Sections 18.04.043.100.101 (a)
18.12.060.090
18.26.064.100
Maximum fence height.
(3 feet permitted in the required 90-foot and
deep front yard setback;
5 feet, 2 inches high proposed at the front
property line)
(b)
Sections 18.12.060.050
and 18.25.063.010
Minimum front yard setback.
(90 feet required for the 5'-2" high fence, no
setback proposed; and
90 feet required for the house addition, 77
feet proposed)
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That said variance be granted subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review
and approval showing conformance with Engineering Standard No. 137 pertaining to sight
distance visibility for the fence location relative to the driveway and West Street including the
sidewalk.
2. That the appropriate building permits shall be obtained from the Building Division to
construct the proposed block wall and wrought iron fencing.
3. (a) That the subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner and which plans are
on file with the Planning Department marked Exhibit Nos. 1 and 2; provided, however, that a
minimum ten (10) foot landscaped setback shall be provided between the approved fence and the
front property line along West Street; and
(b) That a revised site plan shall be submitted to the Zoning Division for review and
approval showing a minimum ten (10) foot setback between the fence and the front property line.
Said plan shall include landscaping such as bushes, shrubs and ground cover in the ten (10) foot
setback.
4. That within one (1) year from the date of this decision or prior to issuance of a building
permit, whichever occurs first, Condition Nos. 1, 2 and 3(a), above-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use
Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code.
5. 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,
State and Federal 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 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.
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THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 8th day of ,June ,2004, by the following roll
call vote:
AYES:
NOES:
Mayor Pringle, Council Members Tait, Chavez, Hernandez
Council Member McCracken
ABSENT: None
ABSTAIN: None
ATTE~ST: /
C/ITY CLERK OF THE CITY OF ANAHEIM
CITY O~AHEIM ~
By ~NAHEIM
54519. i
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