2001-130RESOLUTION NO. 2001R-t30
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING
VARIANCE NO. 2001-04437.
WHEREAS, after a request for variance by , 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. 2001-04437 was denied covering the following
described property:
BEGINNING AT A POINT ON THE WEST LINE OF SAID
SOUTHEAST QUARTER (SE ~) OF THE SOUTHWEST
QUARTER (SW 1/4) OF SAID SECTION 7, WHICH
POINT IS ON THE NORTH LINE OF SOUTH STREET
THIRTY (30} FEET NORTH OF THE SOUTHWEST
CORNER OF SAID SOUTHEAST QUARTER (SE ~) OF
THE SOUTHWEST QUARTER (SW ~) OF SAID SECTION
7; THENCE NORTH ALONG SAID WEST LINE THREE
HUNDRED SEVENTY-FIVE (375) FEET; THENCE EAST
PARALLEL WITH THE NORTH LINE OF SAID SOUTH
STREET TO THE WEST LINE OF THE GARDEN GROVE
STORM WATER DISTRICT; THENCE SOUTH 16 DEGREES
03' 30" WEST ALONG SAID WEST LINE OF SAID
GARDEN GROVE STORM WATER DISTRICT TO ITS
INTERSECTION WITH SAID NORTH LINE OF SAID
SOUTH STREET; THENCE WEST TO THE POINT OF
BEGINNING; 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 as prescribed by law and, as a result
thereof, the City Council does hereby make the following
findings:
1. That the petitioner proposes waiver of minimum private
street standards (Engineering Standard Detail No. 122) to
establish a five-lot RS-5000 (Residential, Single-Family) zoned
single family residential subdivision.
2. That following public notification of this variance it
was determined that the appropriate procedure to request a waiver
of requirements from Engineering Standard Detail No. 122 is under
the authority of Section 17.08.650 "Conditional Exceptions to
Chapter" of Chapter 17 "Subdivisions" of the Anaheim Municipal
Code which states the following: "Conditional exceptions to the
regulations herein defined may be authorized by the advisory
agency if it finds that exceptional or special circumstances
apply to the property. Such special circumstances may include
limited size, unusual shape, extreme topography, dominating
drainage problems or the impracticability of employing a
conforming plan or layout by reason of prior existing recorded
subdivisions of contiguous properties. Application for waiver of
the requirements of this chapter shall be made at the time of the
filing of a tentative map. The decision of the advisory agency
shall be subject to appeal to the City Council in the manner set
forth in Section 17.08.100.030."
3. That this variance is hereby denied on the basis that
it is unnecessary.
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.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 5th day of June, 2001.
ATTEST:
CITY'CLER~ OF ~HE CITY OF ANAHEIM
40523.1
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. 2001R-130 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 5th day of June, 2001, by the following vote of the members
thereof:
AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
NOES: MAYOR/COUNCIL MEMBERS: None
ABSENT: MAYOR/COUNCIL MEMBERS: Daly
CI:I'Y CLERK~OF THE CITY OF ANAHEIM
(SEAL)