80R-479 RESOLUTION NO. 80R -479
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3144.
WHEREAS, after a request for variance by JAMES D. BAKER III
and JON MARIE BAKER, owners, 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. 3144 was denied cover-
ing the following described property:
Lot 76 of Tract No. 8215, in the City of Anaheim,
County of Orange, State of California as shown on
a map filed in Book 332 Pages 23 -27 inclusive of
miscellaneous maps, records of said county; except
that portion lying southwesterly of the following
described line:
Beginning at the most Southerly corner of said lot
76 as shown on said map; thence North 33 22' 30"
West 182.20 feet more or less to the Northerly line
of said lot, being a non tangent curve concave North-
westerly having a radius of 45.00 feet, to which a
radial bears South 53° 51' 20" East; 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 surround-
ings, 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 privi-
leges 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 construction of a single - family
dwelling on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.26.065.010 Permitted location and
orientation of structure.
(residential structure
required to rear on arter-
ial highway; side -on
orientation proposed)
-1-
That said variance be granted subject to the following conditions:
1. In the event that subject property is to be divided for
the purpose of sale, lease, or financing, a parcel map, to record
the approved division of subject property shall be submitted to and
approved by the City of Anaheim and then be recorded in the office
of the Orange County Recorder.
2. That all property located within the Southern California
Edison Easement and including the 15 -foot wide setback adjacent to
Canyon Rim Road shall be placed in the Master Homeowners' Associa-
tion to guarantee slope maintenance.
3. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit No. 1.
4. That Condition Nos. 2 and 3, above - mentioned, shall be
complied with prior to final building and zoning inspections.
5. That the subject property shall be included in the
Anaheim Hills Master Homeowners' Association.
6. That the design of the residence and all improvements on
the subject property shall be subject to the review and approval of
the City Planning Department.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicants' 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 jurisdiction, then this Resolu-
tion, and any approvals herein contained, shall be deemed null and
void.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such variance permit for good cause or
failure of said owners, their heirs, successors or assigns to comply
with the Anaheim Municipal Code and regulations and the conditions
herein. Said variance is granted for the term prescribed by the
Anaheim Municipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 28th day of October, 1980.
IP
its / � �,•� ``I_ i��
TH 0 ANAHEIM
ATTEST:
It CLERK OF THE CITY OF ANAHEIM
JLW:fm -2-
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. 80R -479 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 28th day of October, 1980, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: Overholt
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 80R -479 on the 28th day of October, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 28th day of October, 1980.
CITY LERK OF THE TY OF ANAHEIM
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 80R -479 duly passed and adopted
by the Anaheim City Council on October 28, 1980.
‘
CITY CLERK
,01m)