2000-081RESOLUTION NO. 2000R-81
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM DENYING VARIANCE
NO. 4390.
WHEREAS, after an application for variance 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. 4390 was granted, in part, covering the following
described property:
THAT PORTION OF LOT 5 OF ANAHEIM EXTENSION, AS
SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A
COPY OF WHICH IS SHOWN IN BOOK 3, PAGES(S) 162
TO 164 INCLUSIVE OF ~LOS ANGELES COUNTY MAPS;
IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE
COUNTY, CALIFORNIA, BOUNDED AS FOLLOWS:
EASTERLY BY THE MOST WESTERLY LINE OF TRACT
NO. 1428 AS SHOWN ON A MAP RECORDED IN BOOK
47, PAGE(S) 8 AND 9 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA;
WESTERLY BY THE EASTERLY LINE OF TRACT NO.
2481 AS SHOWN ON A MAP RECORDED IN BOOK 72,
PAGES(S) 29 OF SAID MISCELLANEOUS MAPS;
NORTHERLY BY THE WESTERLY PROLONGATION OF THE
NORTHERLY LINE OF LOT 28 OF SAID TRACT NO.
1428; AND
SOUTHERLY BY THE WESTERLY PROLONGATION OF THE
SOUTHERLY LINE OF LOT 1 OF SAID TRACT NO.
1428; and
WHEREAS, said application requests a variance from the
following provisions of the Anaheim Municipal Code:
(a) Section 18.21.063.020
Minimum side yard setback.
{10 feet required for residences
in the RS-A-43,000 zone;
5 feet proposed from west and
east property lines)
{b) Section 18.21.063.010
Minimum front yard setback.
(deleted)
(c) Section 18.21.065.010
Required orientation of residences
adjacent to an arterial hiqhwa¥.
(single-family residences required
to rear on arterial highways;
residence proposed to front on
Lincoln Avenue)
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 no special circumstances applicable to the
property which do not apply to other property in the same vicinity and
zone because the subject property is a 30-foot wide parcel which was
formerly an access road for the Anaheim Cemetery and was acquired by
the current owner at minimal cost and with the knowledge that said
parcel could not meet minimum code requirements for side yard setbacks
and be developed with a house greater than ten feet in width.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in the
same vicinity and zone because no other property of such narrow width
exists in the same vicinity and zone nor been allowed to develop
without complying with required side yard areas.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that said Variance be, and the same is hereby, denied.
BE IT FURTHER RESOLVED that the time within which
rehearings must be sought is governed by the provisions of Section
1.12.100 of the Anaheim Municipal Code and the time within which
judicial review of final decisions must be sought is governed by
Section 1094.6 of the Code of Civil Procedure and Anaheim City Council
Resolution No. 79R-524.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 23rd day of May, 2000.
MA~OR OF THE ~i~Y OF AN~IM
ATTEST:
CItY CLER~K OF THE CITY OF ANAHEIM
35925.1
-2-
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. 2000R-81 was introduced and adopted at a regular meeting provided by law, of the
Anaheim City Council held on the 23rd day of May, 2000, 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
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 23rd day of May, 2000.
CiTY-CLEINCK OF THE CITY OF ANAHEIM
(SEAL)
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
is the original of Resolution No. 2000R-81 was duly passed and adopted by the City Council of the
City of Anaheim on May 23rd, 2000.
CI~LERK~)F THE CITY OF ANAHEIM