1977-034RESOLUTION NO. 77R -34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING IN PART VARIANCE NO. 2870.
WHEREAS, after a request for variance by Delbert and
Vivian Kinney, owners; Joseph B. Edwards, agent, 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. 2870 was granted in part covering the following
described property:
Lot 23 of Tract No. 3501 as shown on a map thereof,
recorded in book 123, pages 9 to 13 inclusive of
Miscellaneous Maps, records of Orange County.
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 there are special circumstances applicable to the
property, including size, shape, topography, location or surround-
ings, 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 RESOLVED by the City Council of
the City of Anaheim, that a conditional zoning variance be, and
the same is hereby, granted in part permitting the construction
of an eight -foot (8') high wall on the property hereinbefore de-
scribed with waiver of the following section of the Anaheim Muni-
cipal Code:
SECTION 18.04.043.102
Maximum wall height.
(Six feet (6') in required
rear yard permitted; Eight
feet (8') proposed)
That said variance be granted subject to the following condition:
That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1; provided, however, that the fence
height in the required front yard shall be a maximum of 42 inches;
and that structural design plans for the eight -foot (8') high wall
in the required rear yard shall be submitted to the Building Divi-
sion for approval prior to the issuance of a building permit, said
wall to meet all Building Code requirements for a structural wall,
as stipulated to by the petitioners.
-1-
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owners,
their heirs, successors or assigns to comply with the Anaheim
Municipal Code and regulations and the conditions herein. Said
variance is granted for the term prescribed by the Anaheim Muni-
cipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 18th day of January, 1977.
ATTEST:
CITY CLERK OF TH CITY OF ANAHEIM
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411
A Yes O E CI Y OF ANAHEIM
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. 77R -34 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 18th day of January, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Resolution No. 77R -34 on the 18th day of January, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 18th day of January, 1977.
S E AL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -34 duly passed and adopted
by the Anaheim City Council on January 18, 1977.
CITY CLERK