RES-1989-091 RESOLUTION NO. 89R-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING VARIANCE NO. 3884.
WHEREAS, after a request for variance by Thomas P.
Morger and Janice Morger, 2865 W. Lincoln Avenue, Anaheim, CA
92801, owners, and C.H.M.M. Corporation, P.O. Box 487, Atwood, CA
92601, agent, to permit a 2- and 3-story, 18 unit apartment
complex with waivers of certain provisions of the Anaheim
Municipal Code 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. 3884 was granted covering
the following described property:
PARCEL 1:
THAT PORTION OF THE SOUTH HALF OR THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO
LAS BOLSAS AND PARTLY IN THE RANCHO SAN JUAN CAJON DE
SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP
RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF,
THENCE SOUTH 0 DEGREES 42 MINUTES 47 SECONDS EAST
200.00 FEET ALONG THE WEST LINE OF SAID SOUTH HALF TO
THE TRUE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES
38 MINUTES 07 SECONDS EAST 300 00 FEET PARALLEL TO THE
NORTH LINE OF SAID SOUTH HALF, THENCE NORTH 0 DEGREES
42 MINUTES 47 SECONDS WEST 200.00 FEET PARALLEL TO THE
WEST LINE OF SAID SOUTH HALF 10 THE NORTH LINE OF SAID
SOUTH HALF, THENCE SOUTH 87 DEGREES 38 MINUTES 07
SECONDS EAST, 450.00 FEET ALONG SAID NORTH LINE,
THENCE SOUTH 87 DEGREES 38 MINUTES 07 SECONDS EAST,
450.00 FEET ALONG SAID NORTH LINE, THENCE SOUTH 0
DEGREES 42 MINUTES 47 SECONDS EAST, 439.02 FEET
PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO A LINE
PARALLEL WITH AND DISTANT 221.00 FEET MEASURED AT
RIGHT ANGLES NORTHERLY FROM THE SOUTH LINE OF SAID
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 27, THENCE NORTH 09 DEGREES 38 MINUTES 14
SECONDS WEST, 450.00 FEET ALONG SAID PARALLEL LINE,
THENCE NORTH 0 DEGREES 42 MINUTES 47 SECONDS WEST
200.04 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH
HALF TO A LINE PARALLEL WITH AND DISTANT 239.00 FEET,
MEASURED AT RIGHT ANGLES SOUTHERLY FROM THE NORTH LINE
OF SAID SOUTH HALF, THENCE NORTH 89 DEGREES 38 MINUTES
07 SECONDS WEST 300.00 FEET ALONG SAID PARALLEL LINE
TO THE WEST LINE OF SAID SOUTH HALF, THENCE NORTH 0
DEGREES 42 MINUTES 47 SECONDS WEST 39.00 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 2:
THE EAST 450.00 FEET OF THAT PORTION OF THE SOUTH HALF
OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN
THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN
,JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION
IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 AS PER
MAP RECORDED, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH
AND DISTANT 221.00 FEET MEASURED AT RIGHT ANGLES
NORTHERLY FROM THE SOUTH LINE OF SAID SOUTH HALF WITH
THE WEST LINE OF LOT 24 OF TRACT NO. 5127, AS PER MAP
RECORDED IN BOOK 94 PAGES 48 AND 49 OF MISCELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, THENCE ALONG SAID PARALLEL LINE, NORTH 09
DEGREES 38 MINUTES 14 SECONDS WEST 679.77 FEET TO AN
INTERSECTION WITH THAT CERTAIN CURVE IN THE NORTH LINE
OF WILKEN WAY NEAR THE NORTHEAST CORNER OF SAID WILKEN
WAY AND HARBOR BOULEVARD AS SHOWN ON SAID MAP OF TRACT
NO. 3127, SAID CURVE BEING CONCAVE TO THE NORTHEAST
AND HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO
SAID CURVE AT SAID INTERSECTION HAVING A BEARING OF
SOUTH 21 DEGREES 24 MINUTES 08 SECONDS WEST, THENCE
EASTERLY 5.51 FEET ALONG SAID CURVE TO THE EASTERLY
TERMINUS THEREOF, THENCE EASTERLY 675.98 FEET ALONG
THE VARIOUS COURSES IN THE NORTHERLY LINES OF WILKEN
WAY AS SHOWN ON SAID MAP OF TRACT NO. 3127, TO THE
SOUTHWEST CORNER OF SAID LOT 24, THENCE NORTH 0
DEGREES 42 MINUTES 4? SECONDS WEST, 9.00 FEET TO THE
TRUE POINT OF BEGINNING.
PARCEL 3:
THE EAST 100.00 FEET OF THE NORTH 200.00 FEET OF THE
WEST 300.00 FEET OF THAT PORTION OF THE SOUTH HALF OF
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN
THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION
IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF
OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 27, THENCE SOUTH 89 DEGREES 38 MINUTES 07
SECONDS EAST, 371.29 FEET ALONG THE NORTH LINE OF SAID
SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 27, THENCE SOUTH 0 DEGREES 42
MINUTES 47 SECONDS EAST, 500.02 FEET ALONG A LINE
PARALLEL 10 THE WEST LINE OF SAID SOUTHEAST QUARTER OF
-2-
Variance 3884
SECTION 27 TO A LINE PARALLEL WITH AND DISTANT 160.00
FEET MEASURED AT RIGHT ANGLES NORTHERLY OF THE SOUTH
LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 27, THENCE NORTH 89 DEGREES 38
MINUTES 14 SECONDS WEST, 871.29 FEET ALONG SAID
PARALLEL LINE TO SAID WEST LINE OF SOUTHEAST QUARTER
OF SECTION 27, THENCE NORTH 0 DEGREES 42 MINUTES 47
SECONDS WEST, 500.05 FEET ALONG SAID WEST LINE OF THE
SOUTHEAST QUARTER OF SECTION 27 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 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.
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.
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 21st day of March, 1989.
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW:dg
2992L
032389
-3- Variance 3884
GLEKK
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-91 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of March, 1989, by the following vote of the members thereof:
AYES'
COUNCIL MEMBERS' Daly, Ehrle, Pickler, 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-91 on the 29th day of March, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 29th day of March, 1989.
CI~Y-~LERK OF TH~ CITY OF ANAHEIM
(SEAL)
I, LEoNoRA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the fore~oi~g is the orisinal of Resolution No. 89R-91 duly passed and adopted
by the Anaheim City Council on March 21, 1989.
CITY CLERK OF THE CITY OF ANAHEIM~''-