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87-495 RESOLUTION NO. 87R-495 A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3709. WHEREAS, after a request for variance by PERALTA LTD., 3450 E. La Palma Avenue, Anaheim, CA 92806, owner, and PAUL D. AND DIANE WILLIAMSON, 3450 E. La Palma Avenue, Anaheim, CA 92806, 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. 3709 was granted covering the following described property: Lot 32 of Tract No. 12576 (the northeasterly corner of Copa De Oro Drive and Nohl Ranch Road; 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 (:ity of Anaheim that a conditional zoning variance be, and the same is hereby, granted to construct a two-story, 35-foot high 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 In Scenic Corridor Overlay zone; 35-feet proposed) (B) SECTION 18.23.063.030 -Minimum rear yard setback. (25-feet requIred; 10-feet proposed) °'r '... 'r That said varIance be granted subject to the following conditions: "y! 1. 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. 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 an amount as determined by the City Council. 4 . That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5 . That subject property shall be served by underground utilities. 6 . That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. / . That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. 8. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012, no roof-mounted equipment, whatsoever, shall be permitted. Y. 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. 10. 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; provided, however, that the maximum building height shall be reduced to tTITrty-i-~1 feet measured from the highest finished grade level at the foundation to the highest ridge line. 'c th¡1?~~(35) Correction made}/~~~~ ~- -- Jan. 20, 1988 j'~'- - 2 - °" ',. II. 1 2 . 13. 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. l, 2, 3 and 7, 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, 5 and 10, 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. BE IT FURTHER RESOLVED that the City Council of the City ()f 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 forti:. 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. is approved and adopted by the this 8\C~:~:' 1987. MAYOR OF THE CITY OF'ANAHEIM THE FOREGOING RESOLUTION lty Council of the City of Anaheim i\TTEST: " '-,L - /71 ,r:\d( \,- '--' ~OO THE CITY OF ANAHEIM "v~ CITY. . BG/jb 218lL 122987 " -3- '. .or CLERK STArE OJ<' CALIFORNIA COUNTY OF ORANGE CITY OF AJ~AHEIM ) ) ) SS. I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 87R-495 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of December, 1987, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler and Bay NOES: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: Ehr1e AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 87R-495 on the 8th day of December, 1987. IN WlfNESS WHEREOF, I have hereunto set my hand and affixed the seal of the CUy of Anaheim this 8th day of December, 1987. '~~ }¡ [:'4 CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-495 duly passed and adopted by the Anaheim City Council on December 8,1987. ~¿¿4 ?t s:~ CIT CLERK OF THE CITY OF ANAHEIM 'Tj ... 'r