RES-2007-176(a) SECTION NO. 18.04.040.010
(c) SECTION NO. 18.04.060
(d) SECTION NO. 18.04.100.010.0101
RESOLUTION NO. 2007 -176
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING VARIANCE
NO. 2007 04728.
WHEREAS, after a request for variance 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. 2007 -04728 was denied covering the following described property:
LOT 18, TOGETHER WITH THAT PORTION OF LOT 17 OF TRACT
NO. 2181, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CLIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 62, PAGE(S) 40 AND 41 INCLUSIVE OF MISCELLANEOUS
MAPS, AS SHOWN AS LOT 1 ON CERTAIN LOT LINE
ADJUSTMENT NO. LLA 466 RECORDED MARCH 7, 2001, AS
INSTRUMENT NO. 01- 127638 IN THE OFFICIAL RECORDS OF
SAID COUNTY.
WHEREAS, said variance involves waivers of the following provisions of the
Anaheim Municipal Code to construct a single family residence:
(b) SECTION NO. 18.04.060.010 Minimum lot width.
(70 feet required; 59.8 feet proposed)
(e) SECTION NO. 18.04.100.010.0103 Minimum dimension of tandem
parking spaces.
(20 foot length required; 17.5 foot
length proposed)
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
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Minimum lot size.
(7,200 square feet required; 4,534
square feet proposed)
Minimum lot depth adjacent to an
arterial highway.
(120 feet required; 54 feet proposed)
Minimum front yard setback.
(20 feet required; 18 -20 feet
proposed)
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 no special circumstances applicable to the property, which do not
apply to other property in the same vicinity and zone for the following reasons:
a. The property does not differ in size, shape, topography or circumstances from
other properties in the same vicinity;
b. The Zoning Code requires a minimum lot area of 7,200 square feet and 4,534
square feet is proposed for the new parcel. Properties in the vicinity have lot areas of 7,400 to
11,761 square feet. The requested lot size would be significantly less than that required by code, and
would not be consistent with other lot sizes in the neighborhood;
c. The Zoning Code requires a minimum lot width of 70 feet and 59.8 feet is
proposed for the new parcel. Properties in the vicinity have lot widths of 72 to 77 feet. The
proposed lot width would not be consistent with the character of the neighborhood;
d. The Zoning Code requires a lot depth of 120 feet for single family residential
lots abutting arterials and a lot depth of only 54 feet is proposed. The single family residential lots in
the vicinity along Katella Avenue have lot depths of 128 feet. The proposed lot depth would not be
consistent with the character of the neighborhood;
e. The Zoning Code requires a front yard setback of 20 feet and 18 to 20 feet is
proposed. Plans issued for building permits indicated a 20 -foot front yard setback; however, the
house was built with a setback of 18 to 20 feet. Similar front yard setback waiver requests have not
been granted in this neighborhood;
f. The Zoning Code requires a minimum driveway length of 20 feet and 17.5 feet
is proposed. Plans issued for building permits indicated 20 -foot long driveway spaces; however, the
house was subsequently built closer to the front property line and the driveway spaces are only 17.5
feet long. A length of 20 feet is necessary to ensure that vehicles parked in the driveway will not
overhang into the public right -of -way. Full -size family type vehicles have lengths of up to 18 feet
and an additional 2 feet should be allowed between the vehicle and the garage door. Therefore, a
17.5 foot long driveway could potentially result in an overhang into the public right -of -way posing a
safety hazard.
2. 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 reasons set forth in the
proceeding paragraph.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that Variance No. 2007 -04728 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.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 11th day of September, 2007, by the following roll call vote:
AYES: Mayor Pringle and Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
AA
COF THE
66695.1
OF ANAHEIM
CITY OF AN HEIM
By:
MAYOR OF THE CI OF ANAHEIM
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