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2002-099RESOLUTION NO. 2002R-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 2002-04480. WHEREAS, after a request 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. 2002-04480 was approved covering the following described property: THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID SOUTH HALF; THENCE ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SECTION 13, SOUTH 89© 59' 15" WEST 110.00 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN LAND DESCRIBED IN DEED TO WILLIAM H. BRINING RECORDED MAY 31, 1956 IN BOOK 3530, PAGE 20, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LAST MENTIONED LAND 279.86 FEET TO THE SOUTHERLY LINE OF TRACT NO. 2228 AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 34 THROUGH 37 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, THENCE EASTERLY ALONG SAID LAST MENTIONED SOUTHERLY LINE AND THE SOUTHERLY LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO VANDRUFF HOMES, INC., RECORDED MAY 5, 1955 IN BOOK 3056, PAGE 47 OF SAID OFFICIAL RECORDS, A DISTANCE OF 110.00 FEET TO THE WESTERLY LINE OF SAID EAST 5 ACRES; THENCE SOUTHERLY ALONG SAID LAST MENTIONED LINE TO THE POINT OF BEGINNING; and WHEREAS, said variance involves waivers of the following provisions of the Anaheim Municipal Code to construct an 18-unit, two-and three-story apartment complex: Section 18.34.062.012 - Maximum structural heiqht. (Permitted: 1-story apartment structures within 150 feet of sinqle-family residential zoning, and 2-stories when located no closer than 50 feet if no visual intrusion from second story towards sinqte-famil¥ residential zoninq; Proposed: 3-stories (2-story apartments over subterranean parking garage) 50-150 feet from RS-7200 zoning to the north, and 2-stories (1-story apartments over subterranean parking garage) 50 feet from RS-7200 zoning to the north) 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 for the following reasons: The property is a rectangularly-shaped 0.57-acre property having a frontage of 110 feet on the north side of Ball Road and a maximum depth of 227 feet, being located 328 feet west of the centerline of Dale Avenue; The property does not differ in size, shape, topography or circumstances from other properties in the same vicinity; Co The property is not currently classified in a multiple-family zone which would authorize the proposed project and the City Council has disapproved reclassification of said property to such zone. 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 for the reasons set forth in the -2- preceding paragraph. 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 7th day of May, 2002. ATTEST: CITY C~ERK OF THE CITY OF ANAHEIM 44646.1 -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. 2002R-99 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 7th day of May, 2002, 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 CI-I~Y CLERIC(' OF 'I"I--~E CITY OF ANAHEIM (SEAL)