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Resolution-ZA 2006-21• • RESOLUTION NO. ZA2006-21 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT N0.2006-00291 BE GRANTED (6712 EAST SWARTHMORE DRIVE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State of California described as Block 79 of Tract 7918. WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on September 28, 2006 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the petitioner proposes waiver of the following to construct a two story addition to an existing single family residence: (a) SECTION NO. 18.18.060.010 Maximum structural heioht 25 feet permitted; 27 feet proposed) 2. That the above-referenced administrative adjustment has been duly noticed and no written objections have been received. 3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.010 of the Anaheim Municipal Code which permits waiver of maximum structural height in connection with administrative adjustments. 4. That no written opposition was received during the required 10-day notification period which ended on September 27, 2006. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Administrative Adjustment, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. 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 - 4, as conditioned herein. 2. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1,above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. ADJ No. 2006-00291.doc -1- ZA2006-21 • 3. 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 Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and aN 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of September 28, 2006. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within fifteen (15) days from the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedu sand may be replaced by a City Council Resolution in the event of an appeal. DATE ANAHEIM ZONING ADMINISTRATOR ATTE SENIOR SE ETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on September 28, 2006. IN WITNESS WHEREOF, I have hereunto set my hand this ~~ day of ~'`Z , 2006. i ti R. SECRE Y, ANAHEIM ZONING AD -2- MINISTRATOR ZA2006-21