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78-043ItESOLUTIO~T r1O . 7 8R- 4 3 A RESOLUTIOI3 OF 'i'3~: CITY COU~uCIL OF THE CITY OF AIVAiiEIT~T GF.Ai~tTIivG VARIANCE I~IO. 2982. WILEREAS, after a reguest for variance by JA;jLS D. and LONEAL NORTON, JR., owners; HUG%i F. VAI~TASEK, 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. 2982 was denied, .covering the following described property: Beginning at the Nortizeast corner of that certain tract of land described as Parcel 1 in deed to the State of California, recorded P~Iarch 19, 1968 in Book 8546, page 192, Official Records of said Orange County; thence along the Iortherly boundary of said Parcel 1, .South 84° 39' 34" North, 57.41 feet to the beginning of a tangent curve concave Southerly having a radius of 350.00 feet; thence Westerly along said curve, through an angle of 27° 49' 04" an arc distance of 169.93 feet; thence South 56° 50' 30" North a distance of 4.85 feet to the beginning of a tangent curve concave North- easterly having a radius of 90.00 feet; thence Northwesterly along saicz currre through an angle of 83° 35' 28", an arc distance of 131.31 feet; thence North 39° 34' 02" I~torth, 53.15 feet along the said line of said Parcel 1, and its North~aest- erly prolongation, to a nontangent curve, concave Northeasterly, having a radius of 1735.00 feet; thence Northwesterly along said curve, from a tan- gent bearing North 28° 46' 10" West, through an angle of 1° 43' 39", an arc distance of 52..31 feet; thence North 25° 42' 14" East, 18.90 feet to the Southwesterly corner of that certain tract of land described as Parcel 2 in said deed. to the State of California; thence. continuing along the Southerly line of said Parcel 2, North 25° 42' 14" East 5.50 feet to a line parallel with and distant Southerly 30.00 feet, measured at right angles, from the Northerly line of said Parcel 2; thence along said parallel line North 78° 08' 09" East, 328.66 feat to the beginning of a tangent curve concave South- erly, having a radius of 170.00 feet; thence East- erly along said curve, .through an angle of 3° 10' 36", an arc distance of 9.43 feet to the Easterly line of that certain tract of land described as Parcel 1 in deed to E. Lee Schultz, et. al., re- corded September 6, 1962 in boo]: 6240, page 84, Official Records of said Orange County; thence South 22° 39' S3" East, along the Easterly line of said land of Schultz, to the point of beginning; and -1- WHEREAS, thereafter, within the time described 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. NOTh7, THEREFORE, BE IT RESOLV: the City of Anaheim that a conditional same is hereby, granted permitting the family dwelling and four fourplexes on described with waiver of the following cipal Code: ED by the City Council of zoning variance be, and the construction of a single- the property hereinbefore section of the Anaheim Muni- SECTION 18.32.062.012 Maximum Structural Height. (One story permitted; two stories proposed) That said variance be granted subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 77-78-31, now pending. 2. That subject property shall be developed substantially in accordance with plans and specif ications on file with the City of Anaheim marked Exhibit Nos. 1 through 5. 3. That block walls shall be installed surrounding the project and landscaping provided to reduce the noise level to a maximum of 45 dBA on the inside and 65 dBA on the outside of the dwelling units as stipulated by applicant. 4. That Condition No. 1, above-mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 5. That Conditions No. 2 and 3, above-mentioned, shall be complied with prior to final building and zoning inspections. -2- BE IT FUP.THER P.ESOLVED that the City Council hereby reserves the right to revo;ce 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 pre- scribed 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 17th day of January, 1978. `~` ~. , . i ~~ "` .~.-- ~,~ P~iA tQ HE CIT OF ANAHEIM ~`~n ATTEST: rr f f~ CITY LERY. OF ~TH,.. CITY OF ANAHEIM JLW : fm - 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. 78R-43 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 17th day of January, 1978, by the following vote of .the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Roth and Thom NOES: COUNCIL MEMBERS: Kott ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 78R-43 on the 17th day of January, 1978. IN WITNESS .WHEREOF, I have hereunto set my hand. and affixed the seal of the City of Anaheim. this 17th day of January, 1978. r ,. CITY CLE Z OF THE C.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. 78R-43 duly passed and adopted by the Anaheim City Council on January 17, 1978. _ ~; h \, f ~~ f~''''' CITY CL~iRK