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71R-365 RESOLUTION NO. 7lR-365 A RESOLUTI.ON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VAR:IANCE NO. 226,8, IN pART.. WHEREAS, after a request for variance 'by. ALBERT J. YORBA" OWner; MM. LYON DEVELOPMENT 'COMPANY" INCORPORATED, Agent, was recei'ved, a public he.arin9 be.fore the Planning' Commission of the City of Anaheim was he'.ld upon due and proper notice as a result of which 'Variance No. 22.68 was '9ranted in part,. cover- inq the following described property: Parcell: Lots 1 to 13 inclusive of the "Adobe. Wall Viney'a'rd ", as shown. on a Map filed in Case No. 1978 of the Seventeenth Judicial District Court in and for the County of Los . An9'e1es, and. marked thereon as "DiaC}ram e". Parcel 2: Tha.t portion of the. land allotte'd to prudencio Yorba according to a map attached to and made a part of ~e . Decree of Partition of the Rancho Canon de Santa Ana in the City of Anaheim, .County of Orang-e,. State of California rendered in Case No. 1978 .of the 17th Judicial District Court of California, a certified copy of which is recorded in Book 28, page 158 of Deeds,' in the Office of the County Recorder of Los Angeles County, located in the County of Oranqe, State of California. Be9inning at the most southe.asterly corner of said allo.t- ment, said point be.inq Stati"on 7 of sa-id prudencio Yorba IS fi.rst class' land; thence North. 780 00' 00". West: 'alon9 the southerly line of sa'id allotment to Stati.on 6; thence North 20 45' 00" East along- t.he westerly line of said allotment to Station 5; thence East to Station 4; said Station bein9 on ~e southwesterly line of t.he Adobe Wall Viney,ard in said Rancho; thence 'South '24.. 45' 00" East to Station 3; be.inq the southWest corner of said Adobe Wall Vineyard; thence North 690 45' 0011 East along the southea.sterly line of said Adobe' Wall 'Vineyard t.o Station 2; being the most east'er1y corner of said Adobe Wall Vine- yard; thence East along the northerly line of said Allot- ment to Station 1; thence South along the. easterly line of said Allotment to Station 9; thence 'South 860 1St 00" We'st to Station 8; thence South 50 00' 00 II West along the easterly line of said Allotment to the point of beginninC}. EXCEPT the 20.00. foot strip of land conveyed t.o Prudencio Yorba by Deed recorded July 2.7, 1914', in Book '253, page 34'3 of Deeds. ALSO EXCEPT that portion thereof des'cribed as 'foll'ows.: Beginning at the northwesterly corner of the '.0.,50 .acre parcel described in the Deed to Yorba Irrigat.ion Company recorded April 28, 1925, in Book 574, p~ge 345 of Deeds; thence North 730 34' 00" west. 34.21 fee.t along the 'weste'r- ly prolongation of the northe.rly line of said land; thence South 10 22' 05." West 472.20 feet to the northerly line of Placentia-Yorba Road as described in the Deed recorded January 6, 1916', in Book 280, page 151 of Deeds; thence -1- . .. ..... South 780 10' 2011 East 305.64 feet along said northerly line to the southerly prolongation of the easterly line of the 1.00 acre parcel described in tn'a Deed to Yorba Irrigation Company recorded April l5, 1914, in Book 245, pag-e 135 of Deeds; thence No.rth 50 00' 00 ". East .440.26. feet along said prolongation and said easterly line to. the northeast corner of said 1.00 acre parcel; thence North 730 34' 00" West 305.92 feet to'. the point of begi.n- ning. ALSO EXCEPT all the land not included within the 'Yorba Annexation No. ll6 per Ordinance No. l777 recorded in Orange County, AU9uSt 13, 1964. ALSO EXCEPT therefrom a strip of land 120 feet .in width the southerly line bein9 described as the northerly line of the. Atchison, Topeka and Santa Fe Railroad right 'of way as described in a Deed recorded July 6, 1908, in Book 158, page 355 of Deeds. ALSO EXCEPT any portion thereof lying within the santa Fe Railroad as described in a Deed recorded July 6, 1908, in Book l58, paqe 355 of Deeds of Orange County. Par'cel 3: That portion of the land allotted to Ynez .Yorba de Cota according to a map attached to and made 'a part 'of the. Decree of Partition of tne RanCho Canon de Santa Ana in the City of Anaheiin, County of Orange, State. of California rendered in Case' No. 1978 of the 17th Judicial Distr.ict Court of California, a certified copy of which is recorded in Book 28, page 158 of Deeds, in the Office of the County Recorder of Los Angeles County, located in the County of Orange, State of California. Beg-inning at. St.ation 5 at the nor1:hwest corne.r of the. first class land allotted to prudencio Yorba in said Rancho; 'thence North 690 45' 00" West '13'8..00 fee.t; thence South 10 35' 30" West 1l72.9S feet to the southerly line of Placentia-Yorba Road as desc'ribed in the Dee'd recorded January 6, 1916 in Book 280, pa~e 151 of Deeds; thence South 780 18" 00" East along said southerly line to a line which bears Sou1:h .10 35' 30 II west. from 'the 'point of begin- ning; thence North. 10 351 30" East to the point of be.~in- ning_ EXCEPT THE:REFROM a strip of land 120 feet in width, the. southerly line be.ing described as .the northerly line of the At.chison, Topeka and Santa Fe Railroad right of way as described in a Deed recorded July' 6, 1908, in Book 158, paCJe .355 of Deeds." ALSO EXCEPT that ~portion thereof described. as follows: Beginning at 'said Station 5; thence North .690 45' OQ. II West 138.00 .feet; then.ce South 10. 35' 30" Wes.t; '75.80 fee1:;- thence easterly in a direct line to. the point of. beginning. WHEREAS, thereafter, with the. time 'prescribed by law an interested party or the City Council on its own motion caused the review of said PlanninC} Commiss.ion action at a publi.c hearing noticed and held as prescribed by law and as 'a result ,thereof the City Council does hereby make the followinC} findings: -2- 1. That the.re are special circumstances applicable to the property, including si.ze, shape,.. t.opog:raphy, lo'cation or surroundings, which do not apply to. other property under identical zoning o1ass'i'fication in the. vicinity. . 2. That, bec.ause of special circumst'ances. shown in (1) above., ,st:r.ict. appli'cation of the.. .zon~9' code deprives the. .property of privileC}es. 'enjoyed by other property unde.r identical zoninC} class'ification in 'the vicinity. NOW, THEREPORE, BE r.r RESOLVED by the City Council of the City of Anaheim that a conditional zoninC} variance be., and the same is hereby granted, in part, pe~itting the 'construction of a 318 unit two-story statutory condominium complex on the property hereinbefore described wi~h waiver of the followin9 section of the Anaheim Municipal Code: SECTION 18'.2'8.05.0 (5~-b) - Maximum building' height within 150 feet of sin91e~family zone (a maxi- mum of one-story allowed, 28 build- ings of two-story height 'proposed wi thin 150 feet. 'of R-A and County A-I Zone. That said variance be granted, in part, subj.ect .to the following conditions: 1. Tha~ this variance is 9ranted subject to the. comple- tion of Rec'lass'ification No. 70-7l-55, now pending, and Tentative. Map of Tract No. 7416. 2. That subject property shall be developed substanti- ally in conformance with plans and specif~ca~iQns on file with ,the City of Anaheim, marked Exhibits Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10. BE IT PURTHE.R RESOLVED that the Cit.y Coun.cil he'reby reserves the right to revoke such variance pe.rmit .for good cause or failure of said owne.r, his he.irs, successo'rs .or ass'i'CJIls to comply with the Anaheim Municipal Code and regulations 'and the conditions herein. Said variance is 9ranted for the te~ pre- scribed by the Anaheim Municipal Co.de unless' oth:erwise specified herein. THE FOREGOING RESOLUTrON is approved and siqned by me this 17th day of August., 1971. //...-.-. '\ . .....-." ~~CI4Jt# ,4m "- ..,i ATTEST: i) )j f) c ~lU{ OP T~ ANAHEIM .""-" -3- STATB OP CALIFORNIA ) CO~~ .OF ORAH(m ) ss . CITY' 0. ANAHEIM ) ~ I~. DENE M. DAOUST, City C~$r'k qf ~ 'City of Anaheim, do herebY'- certify that 'the .fore9o~9 Resq1~ti,o~ No,. "'l'R-'3'6'S was pa.sed and. adopted at: a . '_:--:..~ regul'~ meeting of the City Council hel'd on the. 1"71:h day of' Auqus"t :. , 19"7"1 " by. th:e following vote of t:Jte members 'thereof: NOBS: COUNCILMEN:' Roth, ,Stephenson, Pebley and Dut.ton COUNCILMEN:, Thom AYES: ABSENT: COUNCILMEN: None AND I PURTHER CERTIFY that the, :'Mayor of the Ci,ty of Anaheim approved and si9ned said resolution on the 17~ ,day of' August , 19 71. IN WrTNESS WHEREOP, I have hereunto set my hand and affixed the se'al of th.e City' of Anaheim this' 17th day of AUCJ'ust;. . , 19'71 . ~6F~~ ANAHEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anahe~, do hereby certify that the foregoing is the original of Resolution No. 71R-365 duly passed and adopted by the Anaheim City Council on August 17, 1971. ~ ');1 A2~_~~ City .C1erk . ' ~.