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84R-077 RESOLUTION NO. 84R-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3350 ( REHEARING) . WHEREAS, after a request for variance by ALFREDO SILVO CEBALLOS, ET AL., 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. 3350 was granted in part covering the following described property: LOTS 23 AND 24, BLOCK B OF THE LAIRD SUB DIVISION AS RECORDED IN BOOK 7 PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, STATE OF 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 Planning Commission action at a public hearing noticed and held as prescribed by law and, as a result thereof, the City Council heretofore denied Variance No. 3350, thereby reversing the action of the Planning Commission, by its Resolution No. 84R-13; and WHEREAS, the City Council did, upon the request of the applicant, grant a rehearing on its decision and did receive additional evidence 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 sur- roundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the prop- erty of privileges enjoyed by other property under identical zoning classification in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 the retention of a residential addition to an existing detached single-family dwelling unit on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: -........".".,,=...,.-.--,.- SECTION 18.06.040.010 Minimum vehicular accesswaYA (25-foot turning radius re- quired; 21-foot proposed) SECTION 18.06.050.011 AND 18.27.066.010 Minimum number and type of parking spaces. (8 spaces with 4 covered required for two detached dwelling units; 4 spaces with 2 cov- ered proposed) SECTION 18.27.061.010 AND 18.34.020.010 Minimum lot area per dwell- ing unit. (5000 sq. ft. required; 3187 sq. ft. existing) SECTION 18.27.062.030 Minimum floor area. (1225 sq. ft. per dwelling unit required; 742 sq. ft. proposed) That said variance be granted subject to the following conditions: 1. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 2. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. 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 the City Council for each new dwelling unit. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No.1 of Exhibit No.1, showing two detached dwellings. 5. That Condition Nos. 1 and 3, above-mentioned, shall be completed within a period of 90 days from the date of this resolution. 6. That prior to final building and zoning inspections, Condition Nos. 2 and 4, above-mentioned, shall be complied with. -2- _.~_.~-",.. -,~.~"_.._...,,'''- 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 dny part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jur- iSdiction, then this Resolution, and any approvals herein con- tained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of February, 1984. MAdh:E~~M ATTEST: ~ ~. j..i).~ CITY CLERK OF TH TY OF ANAHEIM JLW: fm 2358M 4/6/84 -3- -",_."",,--- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No.. 84R-77 was introduced and adopted at a regular~ meeting provided by law, of the City Council of the City of Anaheim held on the 21st day of February, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-77 on the 21st day of February, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of February, 1984. ~ra~..-l~ CITY CL~RK OF THE ITY ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-77 duly passed and adopted by the Anaheim City Council on February 21, 1984. ~tI~ -'-