2002-101RESOLUTION NO. 2002R-101
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2002-04489.
WHEREAS, after a request for variance to construct
three single-family residences, 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. 2002-
04489 was granted covering the following described property:
LOT 9, EXCEPTING THEREFROM THE SOUTHEASTERLY
25.75 FEET; AND LOTS 10, 11 AND 12 OF TRACT
NO. 701 HAMILTON TRACT, AS SHOWN ON A MAP
RECORDED IN BOOK 20, PAGE 42 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 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
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 a conditional zoning variance be, and
the same is hereby, granted to p~rmit thr~e single-family
residences on the property hereinbefore described with waivers of
the following sections of the Anaheim Municipal Code:
Section 18.26.063.010
Minimum front yard setback.
25 feet required from ultimate
right-of-way;
10 feet proposed)
Section 18.26.065.010
Orientation of residential
structures adjacent to
arterial hiqhways.
(dwellings required to rear
onto arterial highways;
three dwellings proposed to
front onto Harbor
Boulevard)
That said variance be granted subject to the following
conditions:
1. That the property owner shall provide the City of
Anaheim Public Utilities Department, Electrical Engineering
Division, with a public utilities easement to be determined as
electrical design is completed.
2. That any necessary relocation of existing electrical
facilities or streetlights shall be at the expense of the
developer.
3. That trash storage areas shall be provided and
maintained in locations acceptable to the Public Works Department
and in accordance with approved plans on file with said
Department. Said plan shall indicate storage and collection areas
for three (s) automated trash barrels.
4. That plans submitted for building permits shall be in
compliance with the Anaheim Colony Historic District Preservation
guidelines, and shall incorporate tile roofing consistent with
the mission-style architecture of the residences. Said plans
shall be reviewed and approved by the Community Development
Department, Neighborhood Preservation Office; and that final
plans shall be subject to review and approval by the Planning
Commission as a "Reports and Recommendations" item.
5. That the subject property shall be developed
substantially in accordance with the plans and specifications
submitted to the City of Anaheim by the petitioner and which
plans are on file with the Planning Department marked Exhibit
Nos. 1 through 9, and as conditioned herein.
6. 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 Nos. 1, 3 and 4,
above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
7. That prior to final building and zoning inspections,
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Condition No. 5, above-mentioned, shall be complied with.
8. That approval of this application constitutes approval
of the proposed request only to the extent that it complies with
the Anaheim Municipal 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.
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 be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 14th day of May, 2002.
MAYOR OF THE CITY OF ~AHEIM
ATTEST:
C~F THE CITY OF ANAHEIM
44713.1
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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. 2002R-101 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 14th day of May, 2002, 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
~-¢¢i-TY CLERk: OF fl-~E CITY OF ANAHEIM
(SEAL)