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83R-235 - RESOLUTION NO. 83R-235 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3326. ",,...,.-...- WHEREAS, after a request for variance by WILLIAM J. HINSON, JR., owner, and D. KEITH HINSON, 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. 3326 was granted covering the following described property: LOT 104 OF TRACT 2659, AS PER MAP RECORDED IN BOOK 80, PAGES 5, 6, 7 AND 8 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, 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 permitting the conversion of an existing recreation building to a single-family residence on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.26.062.020 Maximum lot coverage (40% permitted; 50% proposed) SECTION 18.26.063.010 Minimum front yard setback (21 to 25 ft. required; 5 1/2 ft. proposed) ....,--""-' SECTION 28.26.063.030 Minimum rear yard setback (10 feet required; 5 feet existing) That said variance be granted subject to the following conditions: "..........._~ 1. That the owner of subject property shall conditionally dedicate to the City of Anaheim a strip of land GO-feet in width from the centerline of the street along Brookhurst Street for street widening purposes, conditioned upon the City of Anaheim's need to widen Brookhurst Street. 2. That street lighting facilities along Brookhurst Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of utilities General Manager, and that security in the form of a bond, certifi- cate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to approval of building permits. The above-required improvements shall be installed prior to occupancy. 3. 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. 4. That prior to issuance of a building permit, the appro- priate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 5. That the existing structure shall be brought up to 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. 6. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 7. That the vehicular access rights to Brookhurst Street shall be dedicated to the City of Anaheim. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. land 2, provided, however, that the plans shall be revised to include 4 on-site parking spaces which shall minimally consist of: Taking vehicular access off the public alley at the west property line, and 2 open parking spaces. Said received plans shall be reviewed and approved by the City Traffic Engineer. >"...-..,.- 9. That prior to the commencement of the activity author- ized under this resolution, or prior to the time that a building permit is issued, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 3 and 7, above-mentioned, shall be complied with. Extensions for fur- ther time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. -2- 11. That prior to final building and zoning inspections, Condition Nos. 5 and 8, 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 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 deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 7th day of June, 1983. A~~ MAYOR OF THE CITY OF NAHEIM ATTEST: LINDA D. ROBERTS, CITY CLERK ~~ 'it S~- ASSISTANT CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 1296M 6-30-83 - -3- 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-235 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 7th day of June, 1983, by the following vote of the members thereof: - AYES: COUNCIL MEMBERS: Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: Kaywood ABSTAINED: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 83R-235 on the 7th day of June, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of June, 1983. LINDA D. ROBERTS, CITY CLERK BY~~~S~ ASSISTANT CITY CLERK (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-235 duly passed and adopted by the Anaheim City Council on June 7, 1983. LINDA D. ROBERTS, CITY CLERK BY ~-L 'l1~ ASSISTANT CITY CLERK --