Loading...
2002-192RESOLUTION NO. 2002R-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2002-04502. WHEREAS, after a request for variance to permit and retain existing unpermitted block wall pilasters and to install new wrought iron panels in between the pilasters, in the required front yard setback of a single-family residence in the RS-7200 Zone, was received, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2002-04502 was approved covering the following described property: Lot 4 of Tract No. 1659, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 49 and pages 17 and 18, Miscellaneous maps, in the office of the County Recorder of said County; 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 Zoning Administrator 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 permit and retain existing unpermitted block wall pilasters and to install new wrought iron panels in between the pilasters, in the required front yard setback of a single-family residence in the RS-7200 Zone, on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: Sections 18.04.043.100.101(a) - 18.12.060.090 18.26.063.010 and 18.26.064.070 Maximum fence height. (3 feet high permitted in front 24-foot setback along Rose Street; 5 feet high proposed) That said variance be granted subject to the following conditions: 1. That the appropriate permit shall be obtained from the Building Division for the existing block wall pilasters with proposed wrought iron panels. 2. That the property owner shall either: (a) Relocate the existing block wall pilasters six and one-half (6.5) feet to the east, out of the public right-of-way along Rose Street; or (b) Obtain approval of a vacation of the public right-of- way in the area where the pilasters and fence exist subject to reservation of public utilities easements by the City. 3. That subject property shall be developed substantially in accordance with 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, 2 and 3, and as conditioned herein. 4. That within a period of one (1) year from the date of this decision, Condition Nos. 1, 2 and 3, 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. 5. That 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. 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 - 2 - 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 20th day of August, 2002. MAYOg^OF THE CITY OF ANAHEIM PRO TEM ATTEST: ~f~-~LERK O~ THE CItY 5F ANAHEIM 46347.1 - 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. 2002R-192 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of August, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: McCracken, Tait and Kring NOES: MAYOR/COUNCIL MEMBERS: Daly and Feldhaus ABSENT: MAYOR/COUNCIL MEMBERS: None (SEAL)