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88-348 RESOLUTION NO. 88R-348 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3815. WHEREAS, after a request for variance by RICHARD E. COLLIVER AND JUDY J. COLLIVER, 382 Silverbrook Drive, Anaheim, California 92807, owners, was received, a public hearing before the goning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3815 was granted covering the following described property: Lot 8 of Tract 9601, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 577, pages 48 to 50 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 to permit a two-story, 30-foot high, as measured at roofline, 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 Scenic Corridor Zone Overlay; 30 feet measured to roofline proposed) That said variance 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. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in art amount as determined by City Council resolution. 4. That subject property shall be served by underground utilities. 5. That, as specified in Anaheim Municipal Code Section 18.84.042.012, no roof-mounted equipment, whatsoever, shall be permitted. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3 and 6, and Revision No. 1 of Exhibit Nos. 4 and 7; provided, however, that the maximum building height shall not exceed thirty (30) feet as viewed from any direction. 7. That prior to issuance of a building permit, or within a period of one (1) 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 18.03.090 of the Anaheim Municipal Code. 8. That prior to final building and zoning inspections, Condition Nos. 4 and 6, above-mentioned, shall be complied with. 9. 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. 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 ail 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. -2- THE City Council of 1988. FOREGOING RESOLUTION is approved and adopted by the the City of Anaheim this 13th day of September, ATTEST: CITY CLERK OF ~HE CITY OF ~NAHEIM ,JLI~: fm 2734L 091688 MAYOR OF THeE CI~TY OF ANAHEIM -3- CLER2( STATE OF CA~LiFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ~kN~kHEIM ) i, LEONOKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify t[mt the foregoing Resolution No. 88R-348 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1Bth day of September, 1988, by the following vote of the members tt~ereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter and Bay NOES: COUNCIL Mff24BERS: Kaywood and Pickler COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 88R-348 on the 21st day of September, 1988. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of September, 1988. CiTY CLERK OF THE CITY OF AiiAHEiM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the loregoing is the original of Resolution No. 88R-348 duly passed and adopted by the Anaheim City Council on September 13, 1988.