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Resolution-ZA 2007-04• RESOLUTION NO. ZA2007-04 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT NO.2007-00302 BE GRANTED (358 WHITESTONE DRIVE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State of California described as: WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment and to investigate and make findings and recommendations in connection therewith; and the Zoning Administrator continued the request to the July 5, 2007 meeting; WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the petitioner proposes waivers of the following to construct a new two-story single- family residence: (a) SECTION NO. 18.04.100.010 Minimum side vard setback 15 feet permitted; 12 feet proposed) (b) SECTION NO. 18.18.060.010 Maximum structural height (Withdrawn) 2. That the above-referenced administrative adjustment has been duly noticed. 3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.010 of the Anaheim Municipal Code which permits waiver of minimum side yard setback in connection with administrative adjustments. 4. That waiver (b) has been withdrawn subsequent to advertisement since the proposed building height for the single family home would comply with Variance No. 3699 (to waive the maximum structural height to construct 49, 2-story single-family residences ranging in height from twenty-six (26) to thirty-eight (38) feet high). 5. That written opposition was received from two neighbors during the required 10-day notification period which ended on June 20, 2007, and the neighbors did not oppose the requested side yard setback waiver. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Administrative Adjustment, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the 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 - 7, as conditioned herein. ADJ No. 2007-00302.doc -1- ZA2007-04 2. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1,above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. 3. 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 Anaheim Zoning Administrator 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within fifteen (15) days from the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and ma be replaced by a City Council Resolution in the event of an appeal. (- ~ ~~~ DATE ANAHEIM ZONING ADMINISTRATOR ATTEST: ~ ,, SENIORS CRE AR IM ZON G ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of 2007. SR. S CR Y, ANAHEIM ZONING ADMINISTRATOR -2- ZA2007-04 City of An~im PLANNING DEPARTMENT July 11, 2007 James Cramer 611 S. Covered Wagon Anaheim, CA 92807 CASE NO. Administrative Adjustment No. 2007-00302 Dear Mr. Cramer: Congratulations! Your application for Administrative Adjustment No. 2007- 00302 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form(s) and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Dennis Joe at (714) 765-5139 or DJoe@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. cerely Dave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.net TEL (714) 765-5139 City of An~im PLANNING DEPARTMENT www.anaheim.net July 11, 2007 ITF LTD Tom Nicholson 1421 N. Wanda Road, #160 Orange, CA 92867 CASE NO. Administrative Adjustment No. 2007-00302 Dear Mr. Nicholson: Congratulations! Your application for Administrative Adjustment No. 2007-00302 has been approved by the Anaheim Zoning Administrator. A copy of the Zoning Administrator's decision is enclosed. The Zoning Administrator's decision is final unless it is appealed to the City Council or the City Council chooses to review the Zoning Administrator's decision. An appeal must be filed by July 26, 2007. If an appeal is not filed, the Zoning Administrator's decision is final and you may proceed with your project. If an appeal is filed, we will contact you to explain the process and hearing schedule. If you wish to appeal the decision, we can provide copies of the form(s) and answer any questions you may have regarding the process. The Zoning Administrator approved your project subject to compliance with conditions of approval noted in the decision. It is important that you satisfy these conditions within the timeframes indicated. Most conditions must be met within one year of approval or prior to obtaining a building permit, whichever occurs first. If you need additional time to comply with your conditions of approval, please contact us. If your project involves a rezoning and/or a subdivision map, further actions will be necessary to complete the approval process. At any time throughout the project, please feel free to contact Dennis Joe at (714) 765-5139 or DJoe@anaheim.net. Your planner can help get the right staff members involved to resolve your questions. Thank you for your investment in our community. We look forward to the successful completion of your project. i cerely~ ave See, Senior Planner 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 TEL (714)765-5139 • RESOLUTION NO. ZA2007-04 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR THAT PETITION FOR ADMINISTRATIVE ADJUSTMENT NO.2007-00302 BE GRANTED (358 WHITESTONE DRIVE) WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Administrative Adjustment for certain real property situated in the City of Anaheim, County of Orange, State of California described as: WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 21, 2007 at 9:30 a.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.62.040.030 to hear and consider evidence for and against said proposed administrative adjustment and to investigate and make findings and recommendations in connection therewith; and the Zoning Administrator continued the request to the July 5, 2007 meeting; WHEREAS, said Zoning Administrator, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: That the petitioner proposes waivers of the following to construct a new two-story single- family residence: (a) SECTION NO. 18.04.100.010 Minimum side yard setback 15 feet permitted; 12 feet proposed} (b) SECTION NO. 18.18.060.010 Maximum structural height (Withdrawn) 2. That the above-referenced administrative adjustment has been duly noticed. 3. That I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal Code, that the request is hereby granted in accordance with Subsection 18.62.040.010 of the Anaheim Municipal Code which permits waiver of minimum side yard setback in connection with administrative adjustments. 4. That waiver (b) has been withdrawn subsequent to advertisement since the proposed building height for the single family home would comply with Variance No. 3699 (to waive the maximum structural height to construct 49, 2-story single-family residences ranging in height from twenty-six (26) to thirty-eight (38) feet high). 5. That written opposition was received from two neighbors during the required 10-day notification period which ended on June 20, 2007, and the neighbors did not oppose the requested side yard setback waiver. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Zoning Administrator does hereby grant subject Petition for Administrative Adjustment, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to presence the safety and general welfare of the Citizens of the City of Anaheim: 1. That the 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 - 7, as conditioned herein. ADJ No. 2007-00302.doc -1- ZA2007-04 2. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition No. 1,above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Code Section No. 18.60.170 of the Anaheim Municipal Code. 3. 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 Anaheim Zoning Administrator 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. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of July 5, 2007. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within fifteen (15) days from the date of the signing of this decision or unless members of the City Council shall request to review this decision within twelve (12) days from the date of signing. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and ma be replaced by a City Council Resolution in the event of an appeal. DATE ANAHEIM ZONING ADMINISTRATOR ATTEST: ? / J SENIORS CRE AR tM ZON G ADMINISTRATOR STATE OF CALiFORNiA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on July 5, 2007. IN WITNESS WHEREOF, I have hereunto set my hand this -~ day of 2007. i SR. S CR Y, ANAHEIM ZONING ADMINISTRATOR -2- ZA2007-04