RES-1989-322 RESOLUTION NO. 89R-322
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3939.
WHEREAS, after a request for variance by BARBARA ANN
SMITH, 6555 E. Edinboro Circle, Anaheim, CA 92807, owner, and
ROBERT E. SMITH, M.D., 6555 E. Edinboro Circle, Anaheim, CA
92807, agent, 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. 3939 was granted covering
the following described property:
LOT 44 OF TRACT 8375 AS SHOWN ON MAP RECORDED IN BOOK
345, PAGES 34 TO 39 INCLUSIVE OF MISCELLANEOUS MAPS,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 permitting a ground-mounted satellite antenna
dish on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.84.042.012
Prohibited ground-mounted equipment.
(No roof or ground-mounted satellite
dishes permitted in the Scenic Corridor
Overlay Zone; one 10-ft.-diameter
ground-mounted dish existing)
That said variance be granted subject to the following conditions:
That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Electrical and Mechanical
VAR 3939
Codes as adopted by the City of Anaheim. The appropriate
permits shall be obtained for any necessary work.
That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim marked Revision No. 1 of Exhibit No. 1, and Exhibit
Nos. 2 and 3; provided, however, that shrubbery shall be
planted and maintained around the base of the satellite
antenna to horizontally screen said structure from adjacent
properties but that said landscaping shall not be allowed to
exceed a ma~-ff~e height of fifteen (15) feet ~-6 as not to block
the views from adjacent properties, and that a plan showing
said landscaping (species, size and location) shall be
submitted to the Planning Department for approval prior to
planting.
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
regulations. Approval does not include an7 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 applicantts 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 25th day of July, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIm
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5241L
-2- VAR 3959
CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 89R-322 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 25th day of July, 1989, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I EURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 89R-322 on the 2nd day of August, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 2nd day of August, 1989.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 89R-322 duly passed and
adopted by the Anaheim City Council on July 25, 1989.
CITY CLERK OF THE CITY OF ANAHEIM