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2000-208RESOLUTION NO. 2000R-208 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2000-04397. WHEREAS, after receipt of a request for a zone variance to retain an illegally constructed patio structure and built-up wall, 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. 2000-04397 was denied covering the following described property: LOT 30 OF TRACT 9750, AS SHOWN ON A MAP RECORDED IN BOOK 437, PAGE(S) 28 TO 31, 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 by the City Council as prescribed by law and, as a result thereof, the City Council does hereby make the following findings: 1. That the petitioner proposes waivers of the following provisions of the Anaheim Municipal Code: (a) SECTION 18.04.043.102 (a) Maximum fence heiqht (Deleted) (b) SECTION 18.24.063.020 Required side yard setback (6 feet required; none provided) 2. That there are no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone for the following reasons: The subject property is not unique or unusual in size, shape, topography or other circumstances from other properties in the same vicinity and zone. bo The only hardship which would result from enforcement of the required side yard setback provisions of the Anaheim Municipal Code is the economic hardship to the property owner which is a result of such owner's construction of the subject structure in violation of minimum zoning requirements. Co A self-created economic hardship is not a legal or sufficient basis for a zone variance which would grant the property owner a privilege not enjoyed by other properties in the same vicinity and under an identical zoning classification. 3. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone for the following reasons: so The subject property, and other properties in the same vicinity and zone, require a minimum six foot side yard setback between any building structures and the side property line. bo The fact that other properties under different zoning classifications may have a different and lesser setback requirement is not justification for this variance since other properties in the same vicinity and zone have the same setback requirement as the subject property. Co Building inspections conducted for the purpose of assuring that the reconstructed roof complies with applicable building codes relating to roof construction does not estop the City from thereafter enforcing violations of the side yard setback requirement. 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. 2 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of September, 2000. MAYOR OF THE CITY Q~ ANAHEIM ATTEST: cITY C~ERK OF THE CItY Or ANAHEIM 37256.1 3 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-208 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of September, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: Kring, Tait 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 26th day of September, 2000. CITY CLERr'K OF TilE 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-208 was duly passed and adopted by the City Council of the City of Anaheim on September 26th, 2000. CITY CLERK'~F THE CITY OF ANAHEIM