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RES-1989-344 RESOLUTION NO. 89R -344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3965. WHEREAS, after a request for variance by GERALD D. LUNDGREN, ROSELINA LUNDGREN, JAMES W. LUNDGREN and BEVERLY J. LUNDGREN, 11828 Algardi Street, Norwalk, CA 90650, owners; and ANACAL ENGINEERING COMPANY, 1900 East La Palma Avenue, Suite 202, Anaheim, CA 92805, Attention: Glen Gwatney, agent, to permit a two lot subdivision of land in the RS- 10,000 Zone with less than the required minimum lot width for both proposed lots, was received, a public hearing before the Zoning Administrator of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 3965 was denied covering the following described property: THAT PORTION OF LOT 5 OF ANAHEIM HOMESTEAD TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 26, PAGE 10 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA. BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 13° 39' 35" EAST 180.74 FEET ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE NORTHEAST CORNER OF LOT 29 OF TRACT NO. 1833, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGES 29 AND 30 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 81° 11' 28" WEST 167.45 FEET ALONG THE NORTHERLY LINE OF SAID LOT 29 TO THE EASTERLY LINE OF LOT 3 OF TRACT NO. 1420, AS SHOWN ON A MAP RECORDED IN BOOK 48, PAGE 4 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 31' 36" WEST 190.06 FEET ALONG THE EASTERLY LINE OF LOTS 2 AND 3 OF SAID TRACT NO. 1420 TO THE NORTHERLY LINE OF SAID LOT 5; THENCE NORTH 84° 51' 09" EAST 125.04 FEET TO THE POINT OF BEGINNING; 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 Zoning Administrator 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 since (a) there has been no showing that this property differs materially in size, shape, topography or circumstances in a manner which would deprive this applicant of privileges enjoyed by other properties in the same vicinity and zone; and (b) the owner knew, or should have known, of the minimum zoning requirements at the time the property was purchased. VAR 3965 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 since (a) such other properties are not allowed to subdivide into lots with widths as narrow as proposed by this application, and (b) no other property has been approved for subdivision in such vicinity and zone which deviates so greatly from the minimum required lot width. 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 1st day of August, 1989. 411 4 MA IA 0 T TY OF AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:kh 3247L 080389 -2- VAR 3965 CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 89R -344 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of August, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickier, Kaywood and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R -344 on the 8th day of August, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of August, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R -344 duly passed and adopted by the Anaheim City Council on August 1, 1989. CITY CLERK OF THE CITY OF ANAHEIM