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84R-192 RESOLUTION NO. 84R-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3387. WHEREAS, after a request for variance by NORMAN P. GLUTH and BARBARA S. GLUTH, owners, and MIRIAM J. LANDSMAN, agent, to permit one additional apartment unit in conjunction with a previously constructed sixteen unit apartment project, 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. 3387 was granted covering the following described property: LOT 5 OF TRACT 3398, AS PER MAP RECORDED IN BOOK 129, PAGES 47 AND 48 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses: and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 one additional apartment unit in conjunction with a previously constructed sixteen unit apartment project on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: -1- SECTION 18.34.061.010 Minimum site area per dwelling unit. (1200 sq. feet required; 1150 sq. feet existing) SECTION 18.34.062.032 Minimum floor area of dwelling unit. (700 sq. feet required for a one-bedroom apartment; 555 sq. feet existing) SECTIONS 18.34.066.010 18.06.050.0121 Minimum number and type of park- ing spaces. (43 spaces [34 covered] required; 19 spaces [18 enclosed] existing) That said variance be 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 Exhibit Nos. 1 through 3. 2. That the existing conversion shall be brought up to the mInImum standards of the City of Anaheim, including the Uniform Building, Housing, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 3. That this variance shall automatically expire upon the conveyance of ownership of the subject property by the owner thereof at any time following the effective date of this vari- ance; that the owner of subject property shall execute and record a covenant on subject property within sixty (60) days of the effective date of this variance requiring that the illegal apart- ment unit will be converted back into a garage in conformance with the original plans approved for subject apartment complex when the property is sold. Said covenant shall be approved by the City Attorney's Office prior to recordation at the Orange County Recorder's Office and proof of said recordation shall be provided to the Planning Department. 4. That all of the above-mentioned Conditions shall be complied with prior to final Building and Zoning inspections or within a period of sixty (60) days from the date of this resolu- tion, whichever occurs first. 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. -2- City ATTEST: ~C( 'lf~ CITY CLERK OF THE CITY OF ANAHEIM JLW: fm 2645M 6/12/84 M -3- 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. 84R-192 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of May, 1984, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOE S : COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-192 on the 22nd day of May, 1984. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of May, 1984. 'x:8~ ~~ CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 84R-192 duly passed and adopted by the Anaheim City Council on May 22, 1984. ~~'lt~ CITY CLERK