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RES-1989-166RESOLUTION NO. 89R-166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3904. WHEREAS, after a request for variance by ARNT G. QUIST, TRUSTEE OF THE QUIST INCORPORATED RETIREMENT TRUST, 2957 Catalpa Avenue, Newport Beach, CA 92660, owner, and FRANK KURIAKOS, 12001 Euclid Street, Garden Grove, CA 92640, agent, 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. 3904 was granted covering the following described property: PARCEL A LOT 3 IN BLOCK IN THE CENTER TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 13 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY. PARCEL B: THAT PORTION OF LOTS 1 AND 2 BLOCK N OF THE CENTER TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 14, PAGE 13 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTERLINE INTERSECTIONS OF ANAHEIM BLVD. AND BROADWAY; THENCE NORTH 74 DEGREES 25' 31" EAST ALONG SAID CENTERLINE OF BROADWAY, 102.19 FEET: THENCE SOUTH 15 DEGREES 34' 29" EAST 21.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 25.00 FEET, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS NORTH 15 DEGREES 34' 29" EAST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE WESTERLY AND SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 89 DEGREES 55' 38", AN ARC DISTANCE OF 39.24 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 749.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 8 DEGREES 27' 11", AN ARC DISTANCE OF 110.50 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 1; THENCE, ALONG SAID SOUTHERLY LINE AND THE EASTERLY PROLONGATION THEREOF, NORTH 74 DEGREES 31' 38" EAST 54.64 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE EASTERLY LINE OF SAID LOT 2, NORTH 15 DEGREES 30' 07" WEST 135.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 2; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 2, SOUTH 74 DEGREES 25' 31" WEST 21.53 FEET TO THE TRUE POINT OF BEGINNING; and DNYG VAR 3904 WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver(s) of off-street parking requirements should be denied, for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses due to (a) lack of sufficient off-street parking spaces to accommodate and serve the proposed restaurant use, (b) current traffic conditions in the vicinity of Anaheim Boulevard and Broadway and increased traffic congestion which the proposed use would generate, and (c) inadequate ingress and egress to the proposed use; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim due to (a) lack of sufficient off-street parking spaces to accommodate and serve the proposed restaurant use, (b) current traffic conditions in the vicinity of Anaheim Boulevard and Broadway and increased traffic congestion which the proposed use would generate, and (c) inadequate ingress and egress to the proposed use. 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 2nd day of May, 1989. ATTEST: JLW'db 3099L 050889 -2- DNYG VAR 3904 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-166 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 2nd day of May, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle and Kaywood NOES: COUNCIL MEMBERS: Pickler and Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-166 on the 12th day of May, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of May, 1989. CITY CLERK OF THE CITY OF ANAHEIM (SEAn) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 89R-166 duly passed and adopted by the Anaheim City Council on May 2, 1989.