2000-208RESOLUTION NO. 2000R-208
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
VARIANCE NO. 2000-04397.
WHEREAS, after receipt of a request for a zone variance
to retain an illegally constructed patio structure and built-up
wall, 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. 2000-04397 was denied covering the following
described property:
LOT 30 OF TRACT 9750, AS SHOWN ON A MAP
RECORDED IN BOOK 437, PAGE(S) 28 TO 31, OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE,
COUNTY, 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 by the City Council as prescribed by law
and, as a result thereof, the City Council does hereby make the
following findings:
1. That the petitioner proposes waivers of the following
provisions of the Anaheim Municipal Code:
(a) SECTION 18.04.043.102 (a)
Maximum fence heiqht (Deleted)
(b) SECTION 18.24.063.020
Required side yard setback
(6 feet required; none
provided)
2. That there are no special circumstances applicable to
the property which do not apply to other property in the same
vicinity and zone for the following reasons:
The subject property is not unique or unusual in
size, shape, topography or other circumstances
from other properties in the same vicinity and
zone.
bo
The only hardship which would result from
enforcement of the required side yard setback
provisions of the Anaheim Municipal Code is the
economic hardship to the property owner which is a
result of such owner's construction of the subject
structure in violation of minimum zoning
requirements.
Co
A self-created economic hardship is not a legal or
sufficient basis for a zone variance which would
grant the property owner a privilege not enjoyed
by other properties in the same vicinity and under
an identical zoning classification.
3. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone for the following reasons:
so
The subject property, and other properties in the
same vicinity and zone, require a minimum six foot
side yard setback between any building structures
and the side property line.
bo
The fact that other properties under different
zoning classifications may have a different and
lesser setback requirement is not justification
for this variance since other properties in the
same vicinity and zone have the same setback
requirement as the subject property.
Co
Building inspections conducted for the purpose of
assuring that the reconstructed roof complies with
applicable building codes relating to roof
construction does not estop the City from
thereafter enforcing violations of the side yard
setback requirement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Anaheim that said Variance be, and the same is
hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of
Section 1.12.100 of the Anaheim Municipal Code and the time
within which judicial review of final decisions must be sought is
governed by Section 1094.6 of the Code of Civil Procedure and
Anaheim City Council Resolution No. 79R-524.
2
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 26th day of September,
2000.
MAYOR OF THE CITY Q~ ANAHEIM
ATTEST:
cITY C~ERK OF THE CItY Or ANAHEIM
37256.1
3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Resolution No. 2000R-208 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 26th day of September, 2000, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly
NOES:
MAYOR/COUNCIL MEMBERS: Kring, Tait
ABSENT: MAYOR/COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 26th day of September, 2000.
CITY CLERr'K OF TilE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-208 was duly passed and adopted by the City Council of
the City of Anaheim on September 26th, 2000.
CITY CLERK'~F THE CITY OF ANAHEIM