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99-199RESOLUTION NO. 99R-199 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING ADMINISTRATIVE ADJUSTMENT NO. 116 WHEREAS, after a request for an Administrative Adjustment pursuant to the provisions of Section 18.12.080 of the Anaheim Municipal Code was received from Gregory and Virginia Speth, owners, a result of which the Zoning Administrator of the City of Anaheim granted Administrative Adjustment No. 116 to permit a waiver of the following provision of the Anaheim Municipal Code: to construct a 225 square foot garage addition to an existing single-family home: Section 18.12,080.010.0101 and 18.26,063,010 Minimum front yard setback. (20 feet-8 inches proposed; 25 feet required) relating to the real property commonly known and described as: 2566 West Runyon Place, Anaheim, 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 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 a waiver of minimum front yard setback is permitted in connection with an administrative adjustment if the deviation (4 feet-4 inches) from the Code requirement (25 feet) does not exceed 20%; and that the proposal is 82.6% of the Code requirement. 2. That this request is hereby granted because if this proposed garage were a ~front-on" garage with the door oriented to the street (instead of a "side-on" garage) and the garage door were a roll-up door, the minimum front setback would be 20 feet instead of 25 feet; and that only a portion of this proposal encroaches into the front yard (about 48 sq.ft.); and that a 25 foot setback will be maintained near the east property line, which is the closest side property line. 3. That the petitioner agreed at the Zoning Administrator public hearing to providing a window in the wall facing the street (similar to what exists and similar in design to the house's front window which also faces the street) and to replacing the tree in the front yard if the proposed construction necessitates its removal. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Zoning Adjustment No. 116 be, and the same is hereby, granted permitting a waiver of the minimum required setback area to construct a 225 square foot garage addition to an existing single-family home: Section 18.12.080,010.0101 and 18.26.063,010 Minimum front yard setback. (20 feet-8 inches proposed; 25 feet required) That said administrative adjustment be granted subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 2. That, as shown on the north-facing wall of the proposed garage addition (Exhibit No. 2), a window shall be install similar to what exists and similar in design to the house's front window which also faces Runyon Place, and that said information shall be shown on the plans submitted for building permits. 3. That the existing tree in the front yard shall be replaced in that event that the proposed construction necessitates its removal. 4. That prior to final building and zoning inspections or within a period of two (2) years from the date of this decision, whichever occurs first, Condition Nos. 1, 2 and 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. 5. 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, State and Federal 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 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 21st day of September, 1999. MA~~NAHEIM ATTEST: CITY CLERK OF THE ITY OF ANAHEIM 32660.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-199 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 21st day of September 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 199 on the 21st day of September, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21 st day of September, 1999. ,~I'4I,yC;ITY CLERK OF THE OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-199 was duly passed and adopted by the City Council of the City of Anaheim on September 21 st 1999. ,/I,,~oCITY CLERK OF TI- :,ITY OF ANAHEIM