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RES-1989-152 RESOLUTION NO. ~9R-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3907. WHEREAS, after a request for variance by NICOLAE ~ PERSIDA BORTIS, CORNEL & EUGENIA MARORIU, VIOREL PRUNEAN, CORNEL PRUNEAN, VICTOR & ELIZABETH ILINESCU 708 East Sycamore Street, Anaheim, CA 92805, owners, to construct seven (7) single-family residences with waiver of the maximum structural height limitation contained in Section 18.84.042.011 of the Anaheim Municipal Code 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. 3907 was denied covering the following described property: THAT PORTION OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 9 WEST, BEING A PORTION OF THE LAND ALLOTTED TO PAULA DE PERALTA DE DOMINGUEZ IN DECREE OF PARTITION OF RANCHO SANTIAGO DE SANTA ANA, REGORDED IN BOOK "B" OF JUDGMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF GALIFORNIA, DESGRIBED AS FOLLOWS: BEGINNING IN THE MOST NORTHERLY CORNER OF PARCEL ONE, AS SHOWN ON A FlAP FILED IN BOOK 98~ PAGE 37, PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT OF BEGINNING BEING A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 125 FEET A RADIAL LINE BEARING N 50° 27' 40" W PASSES THROUGH SAID POINT; THENCE FOLLOWING ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL ONE THE FOLLOWING COURSES AND DISTANCES SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 73° 33' 45" AN ARC DISTANCE OF 160.49 FEET TO A POINT A RADIAL LINE BEARING S 55° 58' 35" W PASSES THROUGH SAID POINT; THENCE S 34© 01' 25" E, 96.00 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 165 FEET A RADIAL LINE BEARING N 55© 58' 35" E PASSES THROUGH SAID POINT OF BEGINNING OF CURVE; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 75° 10' 00" AN ARC DISTANCE OF 216.46 FEET; THENCE LEA¥ING THE WESTERLY BOUNDARY LINE OF SAID PARCEL ONE N 48° 51' 25" E PASSES THROUGH SAID POINT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 75© 10' 00" AN ARC DISTANCE OF 183.67 FEET TO A POINT A RADIAL LINE BEARING N 55© 58' 35" E PASSES THROUGH SAID POINT; THENCE N 34° 01' 25" W, 96.00 FEET TO A POINT IN A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 150 FEET, A RADIAL LINE BEARING S 55° 58' 35" W PASSES THROUGH SAID POINT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63° 02' 59" AN ARC DISTANCE OF 165.06 DNYG VAR 3907 FEET; THENCE N 58° 24' 45" E, 28.92 FEET; THENCE S 50© 27' 40" E, 13.13 FEET TO THE POINT OF BEGINNING. SUBJECT TO EASEMENTS AND RESERVATION OF RECORD; 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 the applicant failed to present evidence of any special circumstances applicable to the property which do not apply to other property in the same vicinity and zone. 2. That the applicant failed to present evidence that strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. 3. That the proposed heights are excessive, being 10 to 16.5 feet (40% to 66%) higher than permitted by Code, that the highest elevations of the dwellings will face the adjacent existing residences along Arboretum Road making the proposal particularly visible, that the proposed building pads will be from 30 to 80 higher than the existing buildin~ pads along Arboretum Road, that one of the proposed dwellings 55 feet high) will be located only 30 feet from an existing residence on Arboretum Road, and that approval of ;this proposal would have a substantial visual impact on existing residence along Arboretum Road. 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 25th day of April, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:db 3071L 042789 -2- DNYG VAR 5907 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-152 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 25th day of April, 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-152 on the 5th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of May, 1989. CITY CLERK OF ~H~ CITY ( 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-152 duly passed and adopted by the Anaheim City Council on April 25, 1989. CITY CLERK OF THE CITY OF ANAHEIM