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RES-2009-013RESOLUTION NO. 2009 013 A RESOLUTION OF THE CITY COUNCIL OF THE CIITY OF ANAHEIM APPROVING VARIANCE NO. 2008 -04749 WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a variance to permit parcels having lot depths less than 120 feet adjacent to an arterial highway. for that certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference: and WHEREAS. the property is currently vacant and is located in the T (SC) (Transition Scenic Corridor Overlay) zone; and the Anaheim General Plan designates this property for Low- Medium Hillside Residential land uses; and WHEREAS, Variance No. 2008 -04749 is proposed in connection with Reclassification No. 2008 -00215 and Tentative Parcel Map No. 2006 -195 and requests approval of a waiver of the following provision of the Anaheim Municipal Code: (a) SECTION NO. 18.04.060.020 Minimum Lot Depth Adjacent to an Arterial Highway (120 -foot lot depth required; 5 120 foot lot depth proposed) WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 27, 2008. at 2:30 p.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 18.60, to hear and consider evidence for and against said project, including Variance No. 2008- 04749, and, at said hearing. did receive evidence and reports from persons interested therein and from its staff; and WHEREAS, said Planning Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing. did adopt its Resolution No. PC2008 -107 granting Variance No. 2008 047a0_ and WHEREAS, within the time prescribed by law, an interested party or parties did appeal said Planning Commission decision to the Anaheim City Council. asking the City Council to reconsider approval of Variance No. 2008 -04749 requested by applicant; and WHEREAS, thereafter. the City Council did set Variance No. 2008 -04749 for a _le novo hearing, which public hearing was duly noticed and held as prescribed by law and, as a esuli 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 surroundings. 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 Variance No. 2008 -04749 be, and the same is hereby, granted. BE IT FURTHER RESOLVED that the Anaheim City Council does approve Variance No. 2008 -04749 subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated herein by this reference 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. 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 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 he deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of January 2008, by the following roll call vote: AYES' NOES ABSEN"I ABSTAIN: ATTEST EST Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NONE NONE NONE CITY CLERK OF THE CITY OF ANAHEIM 7143.v i'MGordon CITY OF AIIEIM Bv: MAYOR OF THE CITYVF ANAHEIM EXHIBIT "A" VARIANCE NO. 2008 -04749 r 111 111111) 2 Q- 0 Source Recorded Tract Maps andior City GIS. Please note the accuracy is +i- two to five feet. TIMING: GENERAL 4 EXHIBIT "B" VARIANCE NO. 2008 -04749 Responsible for Monitoring Planning Planning Planning No. Conditions of Approval The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 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. l above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.03.090 of the Anaheim Municipal Code. Approval of this variance is granted subject to the approval of Reclassification No. 2008 -00218 and Tentative Parcel Map No. 2006 -229. 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. Planning -5- PC2008 -107