84R-114
RESOLUTION NO. 84R-l14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING VARIANCE NO. 3372.
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WHEREAS, after a request for variance by MARION VESEY,
owner, and EDWARD MOBER, agent, to construct an outdoor
patio enclosure with a waiver of certain requirements of the
Anaheim Municipal Code, 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. 3372 was denied
covering the following described property:
PARCEL 1
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22,
TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN
JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN
BOOK 51 PAGE lO OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE LAND
DESCRIBED IN THE DEED TO DAVID RAGIN AND WIFE,
RECORDED MARCH 7, 1951 IN BOOK 2154 PAGE 306, OFFICIAL
RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID
POINT BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION, SOUTH OF 00 14' 30" EAST 889.26 FEET
FROM THE CENTER OF SAID SECTION, SAID CENTER BEING THE
INTERSECTION OF THE CENTER LINE OF CERRITOS AVENUE
FROM THE WEST WITH THE NORTH AND SOUTH QUARTER SECTION
LINE OF SAID SECTION; THENCE NORTH 890 55' 30" EAST
ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID
DEED TO THE EAST LINE OF SAID SOUTHWEST QUARTER;
THENCE SOUTH 00 14' 45" EAST ALONG SAID EAST LINE TO
THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO
PHILLIP DANIELS AND WIFE, RECORDED JUNE 27, 1941 IN
BOOK 1097 PAGE 432, OFFICIAL RECORDS; THENCE WESTERLY
ALONG THE SOUTH LINE OF SAID LAND OF PHILLIP DANIELS
TO SAID WEST LINE; THENCE NORTH 00 l4' 30" WEST TO THE
POINT OF BEGINNING.
PARCEL 2:
THE NORTH 8l.00 FEET OF THE SOUTH 256.00 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
SOUTHEAST QUARtER OF SECTION 22, TOWNSHIP 4 SOUTH,
RANGE lO WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA
ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 5l PAGE 10 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 with
regard to the requested waiver(s) of Anaheim Municipal Code
requirements, other than off-street parking requirements:
1. That there no special circumstances applicable to the
property which do not apply to other property in the same vicinity
and zone.
2. That strict application of the zoning code does not
deprive the property of privileges enjoyed by other property in
the same vicinity and zone.
AND WHEREAS, the City Council does further find, after
careful consideration of the action of the Planning Commission and
all evidence and reports offered at said public hearing before the
City Council regarding said requested waiver(s) of off-street
parking requirements, that all of the conditions set forth in
Section 18.06.080 of the Anaheim Municipal Code are not present
and that the aforesaid waiver(s) should be denied for the
following reasons:
1. That the variance(s) will cause an increase in traffic
congestion in the immediate vicinity and adversely affect
adjoining land uses; and
2. That the granting of the variance(s) will 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 said Variance be, and the same is hereby,
denied.
BE IT FURTHER RESOLVED that, pursuant to City Council
Resolution No. 79R-524, the time within which judicial review of
the herein decision must be sought is governed by Section 1094.6
of the Code of Civil Procedure.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of March, 1984.
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ATTEST:
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2396M
4/16/84
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STATE OF CALIRENIA )
COUNIY OF ORAt{;E ) ss.
CITY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 84R-ll4 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of March, 1984, by the following vote of the members thereof:
AYES: C(){N;!L MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth
NOES: CX>UN::IL MEMBERS: None
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ABSENT:
CXXH:;!L MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed said
Resolution No. 84R-l14 on the 20th day of March, 1984.
IN WI'lNESS WHEREDF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of Marm, 1984.
C~~
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing 1$ the original of Resolution No. 84R-l14 duly passed and
adopted by the Anaheim City Council on March 20, 1984.
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