86R-226
RESOLUTION NO. 86R-226
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3550.
WHEREAS, after a request for variance by JAMES J.
EVERETT AND JANICE M. EVERETT, 805 South Courson Drive, Anaheim,
California 92804, owners, 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. 3550 was denied
covering the following described property:
LOT 41 TRACT 2839 AS PER MAP RECORDED IN BOOK 85 PAGES
9 TO 15 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 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 nonconforming patio cover on the
property hereinbefore described with waivers of the following
sections of the Anaheim Municipal Code:
Minimum structural setback
and permitted encroachments
into required yards (S-foot
side yard permitted; 2-foot
to 7-foot side yard and 3-
foot to 24-foot rear yard
proposed)
That said variance be granted subject to the following conditions:
SECTIONS 18.04.040
18.04.043.020 -
18.26.063.020 -
AND 18.26.064.020 -
1. That the owners shall either apply for and obtain from
the City of Anaheim an encroachment permit to encroach into the
existing public utility easement (PUE) or apply for and obtain an
abandonment of subject PUE by the City of Anaheim.
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2. That the owners shall obtain and comply with the
requirements of a building permit for subject patio cover from the
City of Anaheim.
3. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit Nos. 1 and 2.
4. That prior to issuance of a building permit~ Condition
Nos. I and 2, above-mentioned, shall be complied with.
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 27th ay of May, 1986.
ATTEST:
~~ '/t~
CITY CLERK OF THE CITY OF ANAHEIM
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071986
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....-- I T
CLERK
STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CITY OF ANAHEIM
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 86R-226 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 27th day of May, 1986, by the following vote of the members thereof:
AYES:
COUNCIL MEMBERS: Kaywood, Overholt, Bay, Pickler and Roth
NOES :
COUNCIL MEMBERS: None
ABSENT:
COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 86R-226 on the 27th day of May, 1986.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 27th day of May 1986.
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A'7f-;;:./ ~ 4- ?( S, '<<--
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby c~~tify that
the foregoing is the original of Resolution No. 86R-226 duly passed and
adopted by the Anaheim City Council on May 27, 1986.
~~A~
CITY CLERK