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88-173 RESOLUTION NO. 88R-173 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3763. WHEREAS, after a request for variance by BENJAMIN FISHER AND MARILYN FISItER, owners, 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. 3763 was granted covering the following described property: Parcel 1: Lot 11 of Tract No. 10996, as shown on a Map recorded in Book 532, pages 11 to 16 inclusive 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 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 because the longest axis of the proposed house is oriented so as to minimally obstruct the views from nearby lots and that nearby lot grades are typically 7 to 17 feet higher or lower than subject property and the 6-foot high wall protrudes less than 2 feet into the 25-foot deep front yard. 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 tile City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a two-story, 32 foot high (measured to the highest point of the structure) single-family residence on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (A) SECTION 18.84.042.011 - Maximum Structural Height. (25 feet permitted; 32 feet proposed) (B) SECTIONS 18.04.042.011- Maximum Fence Height. and 18.23.064.070 (3 feet permitted; 6 feet proposed) That said 1. 10. variance be granted subject to the following conditions: That prior to issuance of a building permit, the appropriate major thoroughfare and bridge fee shall be paid to the City of Anaheim in an amount as specified in the Major Thoroughfare and Bridge Fee Program for the Foothill/Eastern Transportation Corridor, as approved by City Council Resolution No. 85R-423. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. That prior to issuance of a building perlait, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council. That subject property authorized by this resolution shall be served by underground utilities. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012, no roof-mounted equipment, whatsoever, shall be permitted. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. That prior to the issuance of a building permit or within a period of one year from the date of this decision, whichever occurs first, Condition Nos. 1, 2 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. That prior to final building and zoning Condition Nos. 4 and 7, above-mentioned, complied with. inspections, shall be 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 any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- BE 1T 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 26th day of April, 1988. MAYOR OF THE NAHEIM ATTEST: OF ANAHEIM JLW/jd 2430L 042888 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 88R-173 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 26th day of April, 1988, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Bay NOES: COUNCIL bIEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-173 on the 27th day of April, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 27th day of April, 1988. (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-173, duly passed and adopted by the Anaheim City Council on April 26, 1988. OF AINAHEIM