2003-021RESOLUTION NO. 2003R-21
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 2002-04540.
WHEREAS, after a request for variance to permit an
existing 5-foot, 6-inch high fence within the front yard setback,
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. 2002-04540 was denied covering the
following described property:
LOT 7 IN BLOCK 8 OF TRACT NO. 549, IN THE
CITY OF ANAHEIM, COUNTY OF OPJkNGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 18,
PAGE 23 OF MISCELLANEOUS MAPS, 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 permit and retain an existing
5-foot, 6-inch high fence within the front yard setback on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
Sections 18.04.043.100.101(a) -
18.26.063.010
and 18.26.064.110
Maximum fence height.
(3 foot high fence permitted
in the 25-foot front setback;
5-foot, 6-inch high wrought
iron and pilaster fence
existing and proposed along
Rose Street)
That said variance be granted subject to the following
conditions:
1. 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 and 2, and as
conditioned herein.
2. That the petitioner shall obtain appropriate building
permits from the City for the Construction of the existing
wrought iron fence with cement pilasters.
3. That within sixty (60) days from the date of this
resolution, Condition Nos. 1 and 2, 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.
4. 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
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 RESOLUTZ
City Council of the City of An~
2003.
is approved and adopted by the
m this- 1~ day of February,
MAYOR ~-~ ~-~ ANAHEIM
ATTEST:
ClWTY CLE~[K OH THE CITY OF ANAHEIM
48393 .1
- 2 -
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. 2003R-21 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 11th day of February, 2003, by the following vote of the
members thereof:
AYES:
NOES:
ABSTAINED:
ABSENT:
MAYOR/COUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pdngle, Tait
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: None
CITY CLERK oF THE CITY OF ANAHEIM
(SEAL)