88-361 RESOLUTION NO. 88R-361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3821.
WttEREAS, after a request for variance by ROBERT L. DAVIS
AND AMINTA D. DAVIS, 6503 Marengo Drive, Anaheim, California
92807, owner, and THOMAS MAURER & ASSOCIATES, ATTENTION: RICK
CRANE, 150 E1 Camino Real, No. 200, Tustin, California 92680,
agent, 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. 3821 was approved covering
the following described property:
The real property situated
County of Orange, State of
foliows:
in the City of Anaheim,
California, described as
PARCEL 1: Lot 2 of Tract 10996, in the City of
Anaheim, as per map recorded in Book 552, Pages 11 to
16 inclusive, of 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 permitting a two-story, 33-foot, six-inch 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 Zone Overlay;
33 feet 6 inches proposed)
That said variauce be granted subject to the following conditions:
1. 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-423.
2. 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.
5. 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.
4. That subject property authorized by this resolution shall
be served by underground utilities.
5. That, as specified in Anaheim Municipal Code Section No.
18.84.042.012, no roof-mounted equipment, whatsoever, shall be
permitted.
6. That gates shall not be installed across the driveway in
a manner which may adversely affect vehicular traffic in the
adjacent public street(s). Installation of any gates shall conform
to the Engineering Division's Standard Plan No. 402 and shall be
subject to the review and approval of the City Traffic Engineer.
7. 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 6; provided, however, that
the maximum building height shall be thirty three and one-half
(33.5) feet.
8. 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 through 3, 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.
9. That prior to final building and zoning inspections,
Condition Nos. 4 and 7, above-mentioned, shall be complied with.
10. 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.
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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.
City
1988.
THE FOREGOING RESOLUTION is approved and adopted by the
Council of the City of Anaheim this 20th day of September,
ATTEST:
CITY CLERK
JLW:fm
2749L
092188
OF THE CITY OF ANAHEIM
-3-
STATE 0F CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIbl )
i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
t~e foregoing Resolution No. 88K-3~1 was introduced and adopted at a regular
~eeting provided by law, of the City Council of the City of Anaheim held on
t~e 2Ot~ day of September, 1988, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: Kaywood
~D i FURTHER CERTIFY that t~e Mayor of the City of ~maheim signed said
Resolution No. 88R-3ol on the 28th day of September, 1988.
iN WITNESS WHEF~EOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 28th day of September, 1988.
CITY CLERK OF THE vii OF AN..C4EIM
($~L)
i, LEON0~ N. SOHL, City Clerk of the City of Anaheim, do hereby certify tlmt
the foregoing is the original of Resolution No. 88R-361 duly passed and
adopted by the Anaheim City Council on September 20, 1988.
CiTY CLERK OF THE CITY OF ANAHEIM