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ZA 2008/05/22_ ' ( ANAHEINI ZONIPIG ADfiAINISTRATOR AGENDA THURSDAY, MAY 22, 2008 - 9:30 A.M. City Council Chambers, City HaII East 200 South Anaheim Boulevard, Anaheim, California Procedure to Expedite Meetina: The proponents for conditional use permit, variance, administrative use permit, administrative adjustment and tentative parcel map applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponent(s) and opponent(s) will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttai. Before speaking, please give your name and address and spell your name. Staff Reports are part of the evidence received by the Zoning Administrator at each hearing. Copies are available to the public prior to and during the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, in the Administrator's opinion, the ends of faimess to all concemed will be served. Afl documents presented to the Zoning Administrator for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for pubfic inspection. The action taken by the Zoning Administrator on this date regarding conditional use permits, variances and administrative adjustments is final unless, within 15 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an appeal is filed. Any action taken regarding administrative use permits is final unless, within 22 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an appeal is filed. Any action taken regarding tentative parcel maps or special circumstance waivers is final unless, within 10 days of the Zoning Administrators written decision being placed in the U.S. Mail, an appeal is filed. Such appeal shall be made at any time following the public meeting and prior to the conclusion of the appeal period. An appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in the amount of $350.00. The City Clerk, upon filing of such an appeal, will set said application for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. Before the scheduled public hearings and any other applications on Xhe agenda, members of the public will be allowed to speak on items of interest under "Items of Public Interest" Such items must be within the jurisdiction of the Zoning Administrator. Each speaker wjll be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. ZA052208:DOC MAY 22, 2008 ZONING ADAAINISTRATOR AGENDA 1. ITEMS OF PUBLIC INTEREST: 2. Receiving and approving the Minutes from the Zoning Administrator Meeting of April 24, 2008. None Page 2 ZA052208 MAY 22, 2008 ZONING ADMINISTRATOR AGEfdDA Public Hearina Items• 3. CEQA CATEGORICAL EXEMPTIOPI - CLASS 1, AP1D Resolution Plo. _ VARIANCE NO. 2008-04751 OWNER/ APPLICANT: Rod and Debbie O'Connor 15-day appeal period 111 Martin Road Anaheim, CA 92808 LOCATIOld: 111 South Martin Road: Property is approximately 0.5 acre, having a frontage of 181 feet on the west side of Martin Road approximately 85 feet south of the centerline of Santa Ana Canyon Road. Request waiver of maximum fence height to permit a 6-foot high wrought Project Planner: iron fence with 7-foot high pilasters in the front yard of an ezisting single- Darrell Gentry family residence. (dgentry@anaheim.net) Continued from Zoning Administrator meeting of April 28, 2008. 4. CEQA CATEGORICAL EXERAPTION - CLASS 1, AND VARIANCE NO. 2008-04752 OWNER: Jung Hoan Cho 550 S. Whispering Road Anaheim, CA 92808 APPLICANT: David C. Queyrel 1900 E. La Palma Ave. #202 Anaheim, CA 92805 LOCATION: 550 South Whisaerina Road. Property is approximately 1.0 acre, having a frontage of 34 feet on a private access easement, a maximum depth of 231 feet and located approximately 340 feet east of the centerline of Old Ranch Road. Resolution ido. 15-day appeal period Request for waiver of maximum fence height to permit a 14-foot high Project Planner: stair-step retaining wall within the front yard setback of an existing single- ' Damell Gentry family residence. (dgentry@anaheim.nef) Page 3 ZA052208 ARAY 22, 2008 ZONING ADMINISTRATOR AGEPIDA CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at 8.~~c~ a~- s ~9 ~~ Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE) OUTSIDE DISPLAY KIOSK SIGNED: ~~/ If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or a written correspondence delivered to the Zoning Administrator or City Council at prior to, the public hearing. In compliance with the American With Disability Act, if you need speciai assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Page 4 ZA052208 flflAY 22, 2008 ZONING ADMIPIISTRATOR AGENDA SCFIEDULE 2008 06/12/08 06/26/08 07/10/08 07/24/08 08/07/08 08/21 /08 09/04/08 09/18/08 10/02/08 10/16/08 10/30/08 11 /13/08 11 /26/08 12/11 /08 12/24/08 ry ti Page 5 ZA052208 MOHLER DRIVE . n m ioo ~ qLL PROPERTIES ARE W THE SCENFC CORRIDOR (SC) OVERLAY ZONE. F~~ May 22, 2008 ° Subject Property Variance No. 2008-04751 111 South Martin Road RH-2 1 DLl EACH 10515 Item No. 3 May 22, 2008 Subject Property Variance fVo. 2008-04751 111 South Martin Road 10515 0 50 1°° ~ ~ ~. ~ ~ ~ ~ ~ ' ~'Aerial Photo: ~ F~e, . July 2006 ~~~~] r~~~~~ ~~ ~~. fl ~sOI.iTT'IOP1 P10. ~.t12oo~ *** A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTZON CLASS 1 AND APPROVING VARIANCE NO. 2008-04751 (111 MARTIN ROAD) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests a waiver of the maximum permitted height to construct a 6-foot height fence with 7-foot high pilasters where a 3-foot high fence with 4-foot high pilasters is allowed by Code within a front yazd setback of an existing single-family residence; and WHEREAS, City staff conducted a visual survey of the neighborhood and determined that other properties in the vicinity have fencing and pilasters that aze sunilaz in height to the proposed project and that exceed the maximum height allowed by Code for the front setback area; and WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheitn on Apri124, 200~, 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 18.60 "Procedures", to heaz and consider evidence for and against said proposed variance and to invesHgate and make 5ndings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator did conduct a continued public hearing on May 22, 2008 for purposes of allowing the applicant time to modify submitted plans and address the issue of encroachment into a designated public utility and private road easement; and WHEREAS, said Zoning Administrator held the conrinued public hearing at the Civic Center in the City of Anaheim on May 22, 2008, and after due inspection, investigation and study made by itself and in its behalf, and after due considerarion of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests waiver of the following provisions of the Anaheun Municipal Code to construct a 6-foot high fence with 7-foot high pilasters. (a) SECTION NO. 1~.46.110.060 AND Maximum fence height (3 foot high SECTION NO. 18.04100.040 fence with 4-foot high pilasters permitted in front vazd: 6-foot hieh fencing with 7-foot highpilasters ro osed . -1- ZA20o8- 2. That the above-mentioned waiver (a) is hereby approved, as this property has a nnique shape, orientation, surroundings, and topograghy that warrant special consideration because :,,__. these physical chazacteristics have constrained the developable azea of the lot and the orientation of the single-family residence constructed on the lot, leaving the property with a limited rear yazd azea adjacent to Santa Ana Canyon Road, with the lazgest usable open space and recreation azeas located in the front and side of the residence adjacent to Martin Road. The proposed fence would provide the property with additional usable private recreation azea. 3. That **** indicated their presence at said public hearing in opposit3on; and that **** conespondence was received in opposition to the subject request. WHEREAS, the proposed project falls within the definition of Categorical Exemp6ons, Section 15311, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby approve Variance No. 2008-04751, to construct a 6-foot height fence with 7-foot high pilasters within a front yard setback of an existing single-family residence with waiver of the maxunum fence height, upon the following cond'afions which are hereby found to be a necessary prerequisite to the proposed use of the subject property, and in order to preserve the safety and general welfaze of the Citizens of the City of Anaheim: Responsible for No. Conditions of Approval Monitoring ,~ : ~ ~} ~rv~ '~d ~ 48 ? :: ~~~~j ~~ ~ ra ., ~ ,,~, r.~?~,~`°°x t,.~~*r ~ dx ~ , ~„ rr s,~ . ~,.~. u f yu-:ir'3..' \ rv^~:. ./- ~ J~. ~i/i'.i~`(.t' 3'~~R T' ~C b~ f~ '~'~,,.~5. -0~ hti ~' tJ ' . g~y x .y4` ~ ~ bl ¢ ~'~+ ~~~ ~~ .- ~i~J ~ r "' R~'~ ~ ~ u~'s~"'~,- ` `~ ~~ ~`~r r =- ~' ~ F~ ~,~~}~c`'^`G~pS . X M ~' r. v t•t~ t r ~~"'~"Y € ',` , ~2.1 s;;~-,.1 ~ f ~ , ~ ~,. ~ ~'~ rs* ",~ .,E c. .: `^ .w ''.fr",.'s ~ k ~,s°~`r?a'~e3+~„ 1., ..'~/'3= . r~ , ~"' „~ ~ s;s : ~~?'~ ~ ~~ -3 Yr ... ~, 5k~~.,,`~> That the subject property shall be developed substantially in accordance with 1 plans and specifications submitted May 2, 2008, to the City of Anaheim by the Planning petitioner and which plans aze on file with the Planning Department mazked Exhibit Nos. 1 through 2 as conditioned herein. That landscape plans indicating layered landscaping within the e~sting private Z road and uriliries easement along Martin Road and in front of the proposed fence p]~~g, public shall be submitted for review and approval by the Planning Department, Public Works, Public Works Department and Public Utiliries Deparhnent. Landscape materials shall Utilities not conflict with any underground utilities. Said landscaping shall be installed prior to final building and zoning inspection. That a covenant, in a form acceptable to the City Attomey, shall be recorded in 4 the Office of the Orange County Recorder to provide for the continuing Public Works maintenance of the landscaping and irrigation facilities located within the exisring rivate road and ublic utili easement alon Martin Road. That plans submitted for building permits shall indicate that all fencing, gates and ' pilasters will be located, as shown on the revised plans dated May 2, 2008, 5 outside of, and shall not obstruct or block, the existing 40-foot wide private road Planning' and ublic utility easement fronting Martin Road and the entire southern ro erty Building, Public -2- ZA2008- Responsible for No. Conditions of Approval Monitoring line of the subject property. All fencing sha11 be limited to 6 feet high and Works pilasters, including decorative ca s, shall be limited to a maximum of 7 feet high. 3 ~ .~ ~~-*~~i ; ~ ~ eY ~ ~6 ~' ~ , k Z S ~ 7 ~ ~ 2.~ ~ ~ z`o- , ~ ' hsl ~ , j ~s ~-s~i ~kbX]~ ~ ~, '. J 5 I f ~ w ~'~' .#S}`' 1 f 'S ! v~J t f'F ,~y, {~. k *r . -q ey 3 .! "~ ~~ x fi"4~ {y +~ ' 3 ~~'~ ~ ~ l' C ~ ~~ ~ ° ~~ 1~i "'~ ~44 " ~~"k^ s : i.~ . } F~ ~ 3~n ~ ~ " %e M y. ; `r ~~iX 5 ~ i 7 '~ . ~ ' ~ ~ ` ~ e ' ~ ~~ ' ~ ~ s fg ' 2 ~ ~ ~ f+ , fk ....9.. .. ° . ti'd -. .^~.a 5 o-::d'.JauL ~2~;V+~. ~-~ r + 6 . 4 ~ ..rfJ ~, ~ ;L, 'r . = t ' e ~ Y» .- „ . ... n u . , ,. r , t,.; n " .+ ,~.Y" 1 .e ~ ti . . 6 That eictensions for further time to eompleta said conditions may be granted in Planning accordance with Code Sec6on No. 18.03.090 of the Anaheim Municipal Code. That approval of this variance application constitutes approval of the proposed Planning 7 aequest only to the extent that it complies with the Anaheun Municipal Zoning Code and any other applicable City, State, and Federal regulations. Approval does not include any acrion or findings as to compliance or approval of the request regazding any other applicable ordinance, regulation or requirement. BE IT FUR1'HER RESOLVED that the Anaheitn Zoning Administrator 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 declazed invalid or unenforceable by the final judgment o~ any court of competent jurisdicrion, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE TI' FURTHER RESOLVED that the applicant is responsible for paying a11 chazges 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, whichevex occurs first. Failwe to pay all chazges shall result in delays in the issuance of required permits or the revocarion of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of May 22, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolufion in the event of an appeal. ANAHEIM ZONING ADMINISTRATOR ATTEST: SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheun Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on May 22, 2008. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of ~ 2008. SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -4- ZA2008- ~ ~ o m ioo ~ Poet ; Subject Property Variance No. 2008-04751 111 South Marti~ Road __ - ------------~ ~. i i i i i i --- ----~...; Source: Recorded Tracl Maps anNor City GIS. Please note the acarecy Is+/- ~o to five feet. 10515 ~ AT'~'AC ~N'&' 1~10. 2 City of Anaheim Zoning Dept. February 21, 2008 Re: Fence variance for 111 Martin Rd., Anaheim, Ca 92808 Dear Zoning Dept, We have recenfly finished building our home and have moved in and are ready to stert the landscaping and Snish the fencing. We aze appYying for a fence height and pool loca6on variance on the front side of our home for two reasons. 1) The unusual shape oFour lot dictated that our home face this direction As well, The City of Aneheim told us it must face t}us direction with the ingress/eg~ess on Martin Rd. That leaves us with the only large enough section of land to haee a yard and pool is on the South/West section of the lot, this is the &onUside corner of the pmperty. 2) 5ecurity. We back up against Santa Ana Carryon Rd., which makes our home lughly visible. Already we have been vandalized twice, once we were tagged with spray paint and the second time someone cut our electric wires to the home forcing a repair. Three times in the midclle of the night we have had people looking for the Ely House, wtveh is ne~R door, pazk in ois driveway come to our &ont door banging on it and yelling out names. Once when no one answered the door the person proceeded to empty his car out of all of its trash and leave it on o~s driveway. We Have nothing against the Ely House, but our safety should not be sacrificed for it For these two reasons we aze asldng the City to issue us a variance on our fence height. There are many, many homes in our area with similar fence heights. We have attached pictures and addresses of just nine homes within a three block are~a.. There are msny, more within three blocks. T'his is just a sample. On the attached plans is a pict~se of the groposed fence and gate. It is the same as all the _ _ , __..__ _ .. . " ueiglitmrs: Block Iower section wrapped in stoae firiisli wifh rod uon inserts appmximately 6' wide each and a rod iron gate. sin~erely-~-'` T Ro O Connor t 11 Martin Rd. Anaheim, Ca 92~08 Item No. 4 / 0 o Pp ~~~.` _ . 7,7. RH-2 RH"2 ~~ \\~\ Z RH-2 7 DU EA 1 DU EA. ~~~,V ~ \ ' ~ = 1DU ,(~`~ ,_RH2 \\.~. ~ o~ GpuN i ou Fn. \ GN 1 1~ ~ ~o ~0'~~31'~- RH-Z ` I:U ,: i / 1 DU EA. 1~Z ~ ~ Z ~Q'L,~ RH-2 ~ I~~P ~= 1DUEA. . ~ I=' C N -,NO 'Q N 7 DU EA. G ' j0 RH-2 A ~ . ', I, ~` i ou ~ . ~\ ~ , ~ ~ .~. x .. ~- ~w~ . ~ a ~ \ i ~ T m~~ t~~~s RH_2 ~ ~ I 9 ~" z ~~'i~ 1 DU EP. ~~~ RH-2 ~~ ~!i~c~ ~-?~c,. zz=''"~ 1 DU '~~ i ^J~~ c~r+ ""~' ~ ~ ~ RH2 tP "~.~,~°~ ~ ~~~ . .RH-2 ~ ~ _ 10U 9,~ '~'_~ ~~~~ RCL72J3-51 ~; ~,p RCL 72-73-07 ~. ~ VAR 2008-04752 . ~~ pJ'~ryp.~~ \Of~~~ ~~' VAR 20040 627 : ,~ ~.. .. 1~ ~~yc~ y~Q,Q- 1 DU EA. GO~Qpl~ . GpJ~ ~~~iG ~Sp~ ~ RH-2 P~ 1'~ ~~ ~ ou EncH ~ Sp~~~P n ,o J~P~~ cP~\~~ 5~~4~`~~~ F~ , yQ~1,O~Q . P P~ Fq~R,~o~T Q~~~° - RH-2 (PC)(SC) eOG ~. VACANT VACANT ~~G .. .\ fAIRMONTPAR\TVAC'A T, 9~O SPB7-1 ~~ ........ ....... .... ....._. ....__ .... ._.__... . . .... .. ..... . o sa iao ~ ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. r~, May 22, 2008 o-° Subject Properry r ~,~~~~~; .ctP f Esw 9~ y' MoNre~b Variance No. 2008-04752 ~GAHYOq~M Rp ~, ~P W~ h W 550 South Whispering Road ~oesa Item No. 4 May 22, 2008 _ Subject Proper4y Variance No. 200~-04752 550 South Wh Road 70534 ~~ ~''~a ~SOLiJTI0A11V0. Z~200~-*** A'~'~'AC~][10~i~1'~' I~1~.1 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR APPROVING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND APPROVING VARIANCB NO. 2008-04752 (550 SOITTH WI~IISPERING RIDGE LANE) WHEREAS, the Anaheun Zoning Administrator did receive a verified Petirion for Variance for certain real properiy situated in the City of Anaheim, County of Orange, State of Califomia, shown on Exhibit "A", attached hereto and incorporated herein by tlus reference; and WF~REAS, the peritioner requests a waiver of the maximum permitted height to construct and to permit a 14-Foot high stair-step retaining wall within the front yard setback ofan existing single fanuly residence adj acent to Whispering Ridge Lane; and WHEREAS, the Zoning Adminisfrator did hold a public hearing at the Civic Center in the City of Anaheun on May 22, 2008, 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 18.60 "Procedures", to heaz and consider evidence for and against said proposed variance and to investigate and make findings and recommendarions in connection therewith; and WHEREAS, said Zoning Administrator, after due inspection, invesrigarion and study made by itself and in its behalf, and after due considerafion of aii evidence and reports offered at said hearing, does find and detemune the following facts: 1. That the peritioner requests waiver of the following provisions of the Anaheim Municipal Code to pernut the construction of a 14-foot high stair-step retaining wall. (a) SECTION NO. 18.46.110.060 Maximum fence hei h~t (3 feet hi~li permitted in front yazd setback; 14 feet lush stair-stegretaining wall in the front yazd setback proposedl 2. That the above-mentioned waiver (a) is hereby approved, as this property. has a unique topography that requires retaining walls along the north, east and portions of the southwest sides of the lot and further, that this property is h-iangulaz-shaped with a curving street frontage that results in a uniquely oriented yazd that functions more as a side yazd or rear yazd rather than a front yazd. Further, the proposed retaining wall will allow for addirional usable yard area and the proposed retaining wall will include three stair-step secrions that will have layered landscaping that will break up the height and size of the wall. + 3. That **** indicated their presence at said public hearing in opposition; and that **** correspondence was received in opposirion to the subject request. 1- ZA2008- WHEREAS, the proposed project falls within the definifion of Categorical Exemptions, Section 15311, Class 1(Existing Facilities), as defined in the State CEQA Guidelines ,_ _ and is, therefore, exempt from the requirement to prepaze additional environmental documentation. NOW, THEREFORE, BE IT RE50LVED that the Anahenn Zoning Administrator does hereby approve Variance No. 200~-04752, to construct a 14-foot lugh stair-step retaining wall within a front yazd setback of an existing single-fanuly residence with waiver of the ma:cimum fence height, upon the following conditions which aze hereby found to be a necessary prerequisite to the proposed use of the subject property, and in order to preserve the safety and general welfaze of the Cirizens of the City of Anaheim: Responsible for No. Condirions of Approual Monitonng 4~2`:~f~.i- ' =~"`YSA aP" ~~~ ~ ~~A Nf' ~w ~~'+f v~-ii rt ~~ ~~~ "F~l xA~' ~ • . ~ 1 i?Z/t' ` y p :{ 'i'"~1 ' .a ~ f~~ P ~I~I~ '~~~ ~ : ~ .. ~ ~Y• ,`i . z r ~~"'~`~~'-~ ~H: + , ~y ,aiz~4,~4'.~„/s" i, ~' - f r t ~ T'hat the subject property shall be developed substanrially in accordance with 1 plans and specifications submitted to the City of Anaheim by the petitioner and planning which plans aze on file with the Planning Departrnent mazked Elchibit Nos. 1 through 2 as conditioned herein. That landscape plans indicating layered landscaping within the stair-step retaining 2 wall and trees planted at the base of the retaining wall along South Whispering planning, Pubiic Ridge Lane shall be submitted for final review and approval by the Planning Works, Public Department, Public Works Deparhnent and Public Utilitias Department. Uriliries Landscape materials shall not conflict with any underground utilities. Landsca ing shall be installed rior to final buildin and zonin ' ecdon. ; ~~:~~~ ~~~ ~.,"` "~~~ ` ° ~~~~", ~ ~ °.. ",~Yr rr ~.5~~s~ ~2 ~sV Fi : ~~ Y ,a '... , F 3 That extensions for further time to complete said conditions may be granted in Planning accordance with Code 5ection No. 18.03.090 of the Anaheim Municipal Code. That appxoval of this variance applicarion constitutes approval of the proposed Planning 4 request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal regularions. Approval does not include any acrion or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE Ti' FiJRTHER RESOLVED that the Anaheim Zoning Administrator does hereby find and determine that adoption of this Resolurion is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. S~hould any such condition, or any part thereof, be declazed 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. -2- ZA2008- BE IT FLTRTHER RESOLVED that the applicant is responsib]e 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 chazges shall result in delays in the issuance of required pernuts or the revocation of the approval of trris application. TI~ FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of May 22, 2008. Said resolution is subj ect to the appeal provisions set forth in Chapter 18.6Q "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ANAF~IM ZONING ADNIINISTRATOR ATTEST: SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFOI2NIA ) COITNTY OF ORANGE ) ss. CTTY OF ANAI~IM ) I, Eleanor Morris, 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 May 22, 2008. IN WTI'NESS WHEREOF, I have hereunto set my hand this _ day of ~, 2008. SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR -3- ZA2008- ~n~b~t A ~ Subject Property ~ o ~o ~oo Feet ~ _ __. _ _ _ Source: Recorded Trad Maps and/or City GIS. Please note Ihe aauracy is+/- two to five feel. Variance No. 2008-04752 550 South Road ~ 10534 ~~- ~ ~~~~. ~ A~e~CF9P~ER9T ~O. 2 SECTION 4 PBTITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARICING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: (A seperate statement is required for each Code waiver) PERTAININGTO: ~i+li]u 1-~EiU~cs Sections 18.03.040.030 end 18.12.060 of the Anaheim Municipal Coda require that before any variance or Code waiver mey be granted by the Zoning Adminietator or Planning Co:mnission, the following ehall be shown: 1. That there aze special circumstances applicable to the property, including size, shape, topography, locaHon or surroundings, which do not apply to other property under identical zoning classificarion in the vicinity; and 2• 77~ak because of such special circumatances, sa-ict agplication of the zoning code deprives the property of priviteges enjoyed by other property under identical wning classification in the vicinity. In order to determine if such epecial circumstences exiet, and to essiet the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questiona regarding the property for which a variance ie sought, fully and as completely as possible. If you need additional space, you may attach additianal pages. 1. Are there speciat c'ucumstances that apply to the property in matters such as siu, shape, topography, lacation pr sutroundingsl x Yps _No. answer ia "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different &om other properties in the vicinity which ere in the same zone es your property? X Yes _ No If yow answer is'~es," describe how the property is different: Thete are 10 f oot hieh walls constructed on the same tract. 3. Do the special circumatances applicable W the properiy deprive it ofprivileges ~currenfly enjoyed by neighboring properties located within the same zone? x Yes No If your answer if "yes,' descri6e the special circwnstances: The propertv was built with walls off-set from the propertv line to avoid exi.atine nine tree~temovaL Theae trees were removed at the reQUest of 4. Were the special circumstances created by causes beyond tLe con~ol of the property owner (or previous properry owners)7 x Yes _No T6e sole purpose of any variance or Code waiver sLall be to prevent discriminetion, and no variance or Code waiver shall be approved which would have the effept of granfing a special privilege not shared by other praperty in the same vicinity and zone which is not ot~, ise expressly authorized by wne regulafions goveming subject proper[y. Use variances are not permitted. ~ 2 -2S-a~ ^ Signature of Pro ~ ier or Authorized Agent Dete CONDITIONAL USE PERMITNARIANCE NO. 3762SDECL'MBEA 12, 2000 '