83R-468
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RESOLUTION NO. 83R-468
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3359.
WHEREAS, after a request for variance by MAX ROGERS and
JOYCE ROGERS, owners, and JOANNE S. ROCKS, 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. 3359 was denied covering the fOllowing described
property:
LOT 3 OF TRACT NO. 8679, IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP
RECORDED IN BOOK 353, PAGES 30, 31, AND 32 OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY; 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 are special circumstances applicable to the
property, including size, shape, topography, location or sur-
roundings, 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 prop-
erty of privileges enjoyed by other property under identical zoning
classification in the vicinity.
NOW, THEREPORE, BE IT RESOLVED .by tne City Council of the
City of Anaheim that a conditional 20ning variance be, and the same
is hereby, granted permitting an outdoor basketball backboard, hoop
and pole within the required front yard setback on the property
hereinbefore described with waivers of the following sections of
the Anaheim Municipal Code:
SECTION 18.26.063.010
Minimum structural setback.
(25 feet required in front
yard; 0 feet existing)
That said variance be granted subject to the following conditions:
1. That plans shall be submitted to the Building Division
showing compliance with the minimum standards of the City of
Anaheim, including the Uniform Building, Plumbing, Electrical,
Housing, Mechanical and Fire Codes as adopted by the City of
Anaheim. The appropriate permits shall be obtained for any
necessary work.
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2. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit No.1, except that the backboard and pOle
("apparatus") shall be so oriented at all times to permit play in
the private driveway area only and that no portion of the apparatus
shall at any time be located or oriented to exist or overhang into
the public right-or-way.
3. That Condition Nos. 1 and 2, above-mentioned, shall be
completed within a period of sixty (60) days from the date of this
resolution.
4. That no basketball play utilizing such apparatus shall be
permitted by the owner of the subject property within the public
right-of-way.
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 all 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 jur-
iSdiction, then this Resolution, and any approvals herein con-
tained, shall be dee~ed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anahei~:~~~~~Ml9~3.
ATTEST:
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TY LERK OF HE 'tY OF ANAHEIM
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1941M
1/12/84
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 83R-468 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 6th day of December, 1983, by the following vote of the members thereof:
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AYES: COUNCIL MEMBERS: Kaywood, Overholt and Roth
NOES: COUNCIL MEMBERS: Bay
ABSENT : COUNCIL MEMBERS: Pickler
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 83R-468 on the 6th day of December, 1983.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 6th day of December, 1983.
~1a~
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing -is the original of Resolution No. 83R-468 duly passed and
adopted by the Anaheim City Council on December 6, 1983.
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CITY CLE .
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