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87-492 RESOLUTION NO. 87R~492 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3706. WHEREAS. after a request for variance by Peralta Ltd.. 31S0 E. Birch. Brea. California. and Vic Pelaquin. 3150 E. Birch. Brea. California. agent. was received. a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice. the result of which Variance No. 3706 was denied covering the following described property: Lots 1 to 42 of Tract 12576. in the City of Anaheim. County of Orange. State of California. as shown on map recorded in Book 573. Pages 10 to 16. inclusive. Miscellaneous Maps. Office of the County Recorder. 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 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 classification in the vicinity. NOW. THEREFORE. BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be. and the same is hereby. granted to permit establishment of a six feet high solid block wall with pilasters extending to seven feet. three and one-half inches in height with waiver of the following section of the Anaheim Municipal Code: Section 18.04.043.102 MAXIMUM FENCE HEIGHT (6 feet permitted - 7 feet. 3-1/2 inches proposed) That said variance is granted subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 17; provided. however. that the wall shall be modified to include (a) a minimum of seven openings totalling a minimum length of 315 feet; (b) said openings shall 'IT '1" 'T include the recessed landscaped areas including the "wing walls" (those portions of the wall not parallel to Nohl Ranch Road); (c) within said openings the wall shall have a minimum of three feet of wrought iron; (d) the seven openings shall be in excess of the two openings shown for primary and emergency ingress and egress. and (e) the landscaping in front of and behind the openings shall consist of low shrubbery or ground cover not exceeding three feet in height. which landscaping shall be maintained so as to not exceed three feet in height so as to preserve the view provided through the wrought iron wall. 2. That prior to final building and zoning inspections. Condition No.1. above-mentioned. shall be complied with. 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 compliance with each and all of the conditions hereinabove set forth. Should any such condition. or part thereof. be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction. then this resolution. and any approval herein contained. shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this lst day of December, 1987. L - MAYOR ,/' ATTES~':~- ")---i ~",-.'J. f - ~.-ð-~ VI. _I ~'--/ '---, CITY CLERK OF THE CITY OF ANAHEIM MES:kh 2198L -2- "IT -1" 'T' C L,,~ìZk Sl.'AL't: UF CALlFUR.1ÜA LOLJNTi OF ORANGE Cll'I OF ANAHEIH ) ) ) 58. 1, L.t:UNOKA N. SOUL, City Clerk of the City of Anaheim, do hereby certify that Ule foregoing Resolution No. ¡.PR-492 was introduced and adopted at a regular Geeting provided by law, of the City Council of the City of Anaheim held on tl1e Lst day of December, 1987, by the following vote of the members thereof: W¡':S: COUNCIL MEMBERS: Hunter, Kaywood, Pickler and Bay A.ßS.t:N'.L : COUNCIL HEI1BJ:<..RS: EnTte oJV~-¡-g8 Þhm-e Ehrle '.WE:): COUNCIL ~1Et1BERS: Aim 1. FUK'i.'HER certify that the Nayor of the City of Anaheim signed said ¡Zesolut ion No. 87R-492 on tile 1st day of December, 1987. IN \n1'lmSS WHEREOF, I have hereunto set my nand and affixed the seal of the CiLy of Anaheim this 1st day of December, 1987. \ ~-"-l/!/ ~ ' ' ~/I Æ...~CL /" C C[ïY CLERK OF THE CITY OF ANAHEIM " ~)LAL) L, LEOlWKA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 87R-492 duly passed and adopted by the Anaheim City Council on December 1, 1987. , '-7 ~~ ~ . ./ "'"-- ", ..---/ ;/ ^~~/ ( ~ ,- CITY CLERK OF THE CITY OF ANAHEIH 'IT "1'" T'