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88-245RESOLUTION NO. 88R-245 A RESOLUTION OF THE OF ANAHEIM GRANTING PART. CITY COUNCIL OF THE CITY VARIANCE NO. 3786, IN WHEREAS, after a request for variance by LOBEL FINANCIAL CORP., ATTN: GARY LOBEL, 2528 W. Woodland Drive, Anaheim, California 92801, 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. 3786 was granted, in part, covering the following described property: The North 100 feet of that portion of the Northeast quarter of the Northeast quarter of Section 19, Township 4 South Range 10 West, San Bernardino Base and Meridian, in the City of Anaheim, County of Orange, State of California, as described below: Beginning at a point in the East line of Section 19, Township 4 South, Range 10 West, San Bernardino Base and Meridian, said point being South 0 degrees 27' West 600.00 feet from the Northeast corner of said Section 19, running thence from said point of beginning South 89 degrees 54' 40" West parallel to the North line of said Section 19, 175.00 feet to a point; thence South 0 degrees 27' West, parallel to the East line of said Section 19, 265.91 feet to a point in the Northerly line of that certain parcel of land described in deed recorded July 28, 1897, in Book 31, page 62 of Deeds; thence North 58 degrees 38' 20" East along said Northerly line 205.93 feet to a point in the East line of said Section 19; thence North 0 degrees 27' East along said East line, 159.00 feet to the point of beginning. An easement for road and utility purposes over, under and across the Easterly 60 feet of said land as granted to the City of Anaheim; 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 are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classi£ication in the vicinity. NOW, TItEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting a six (6)-foot high wrought iron fence, including rolling gates, on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.04.043.101 AND 18.44.064.080 Minimum Front Setback and Permitted Encroachment. (10-foot wide setback for a 6-foot high fence required; (none proposed) SECTIONS 18.04.043.101 AND 18.44.068.021 Maximum Fence Height. (3-foot height permitted in 10-foot front setback; 6-foot height proposed) That said variance be granted, in part, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Brookhurst Street in an amount as determined by the City Council. 2. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim an additional strip of land along Brookhurst Street, measured southerly from the ultimate right-of-way line at the corner of the intersection of Ball Road and Brookhurst Street, and varying in width from 12 feet for the first 300 feet and then transitioning from 12 feet to 0 feet for the next 300 feet. In the event that General Plan Amendment No. 210 pertaining to Critical Intersections is not adopted by the City Council, this condition shall be considered null and void. 3. That the driveway shall be reconstructed to accommodate ten (10) foot radius curb returns. Existing broken or cracked driveways shall be removed and replaced as required by the City Engineer. 4. That prior to issuance of a appropriate traffic signal assessment of Anaheim in an amount as determined building permit, the fee shall be paid to the City by the City Council. 5. That if required by the Fire Department ail lockable vehicular access gates shall be equipped with a "knox box" device to the satisfaction of the City Fire Marshall. -2- 6. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim labeled Exhibit No. 1; provided, however, that the six (6)-foot high wrought iron fence shall be located at least three (3) feet back from the street right-of-way with said 3-foot area being landscaped and permanently maintained. 7. That prior to issuance of a building permit, or within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 1, 2, and 4, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.05.090 of the Anaheim Municipal Code. 8. That prior to commencement of the activity authorized by this resolution or prior to final building and zoning inspections, whichever occurs first, Condition Nos. 3, 5, and 6, above-mentioned, shall be complied with. 9. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 10. That the sliding gate shall be open during regular business hours, typically from 9:00 a.m. to 5:00 p.m. ll. That the fenced-in area shall not be used for outdoor storage purposes other than vehicles for sale. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and ail of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thi~l_st d~o_f June, 1988. MAYOR OF THE CITY 0F ANAHEIM ATTEST: CITY CLERK OF TBE CITY~--~e'~a~ANOF A~I~I JLW: fm 2596L 062788 CLERJ< STATE OF CALIFORNIA COUNTY OF ORANGE CiTY OF ~AHEIM i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 8gK-245 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 June, 1988, by tl~e following vote of the members thereof: AYES: COUNCIL MEMBERS: Ehrle, Hunter, Kaywood, Pickier and Bay NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~uNO i FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 88R-245 on the 29th day of June, 1988. IN Wi£NESS wHEtLEOF, i have hereunto set my hand and affixed tile seal of the City of Anaheim this 29th day of June, 1988. CITY CLERK OF THE CITY OF ANAHEIM i, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution ~o. 88R-245 duly passed and adopted by the Anaheim City Council on June 21, 1988.