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88-419 RESOLUTION NO. 88R.-419 A RESOLUTION OF THE CITY COUNCIL OF THE OF ANAHEIM GRANTING VARIANCE NO. 3828. CITY WHEREAS, after a request for variance by TONY W. BAXTER, 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA 92807, owner, 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. 3828 was granted , in part, covering the following described property: Parcel 1 in the City of Anaheim, recorded in Book 204, Page 15 of of Orange County; and as shown on a Map Parcel Maps, records 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 2-story, 31.5-foot high, single-family residence on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.84.042.011 - Maximum Structural Height. (25 feet permitted in the Scenic Corridor Overlay Zone; 31.5 feet proposed) That said variance be granted subject to the following conditions: That unless proof of exemption is submitted in compliance with City Council Resolution No. 85R-423, 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-425. 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. o o o 10. il. 12. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by City Council resolution. That subject proposal shall be served by underground utilities. That a perpetual easement agreement for a strip of land ten (10) feet wide for utilities purposes for an existing overhead pole line located in the northern portion of subject property shall be submitted to the City Attonrey's Office for review and approval. The approved agreement shall then be filed and recorded in the Office of the Orange County recorder. Proof of said recordation shall then be submitted to the Zoning Division. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the City Fire Department. That any specimen tree removal shall be subject to the tree preservation regualtions in Chapter 18.84 of the Anaheim Municipal Code, the "SC" Scenic Corridor Overlay Zone. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012, 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 7. That prior to 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, 3, and 5, 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. That prior to final building and zoning inspections, Condition Nos. 4 and 9, above-mentioned, shall be complied with. 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 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 6th day of December, 1988. dldAYOR OF T~CITY OY~--_a_N__aJ4q~IM ATTEST: CITY CLERK OF ThE CITY OF ANAHEIM JL!~: db 2842L 12O788 -3- 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. 88R-419 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of December, 1988, by the following vote of the members thereof: AYES NOES COUNCIL MEMBERS: Daly, Pickler and Hunter COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: Kaywood TEMPORARILY ABSENT: COUNCIL MEMBERS: Ehrle AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-419 on the 14th day of December, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of December, 1988. CITY CLERK OF THE CITY OF ANAHEIM (SEA1,) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 88R-419 duly passed and adopted by the Anaheim City Council on December 6, 1988. CITY CLERK OF THE CITY OF ANAHEIM