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72R-171 .~.. RESOLUTION NO. 72R-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2346. WHEREAS, after a request fqr variance by PELTZER, SPRAGUE, SKELTON, ROSSETTO, and PELTZER, owners; NELOW DEVELOP- ME1ft' COMPANY, agent, was received, a public hearing before the Planning C~ission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2346 was granted in whole covering the following described ~roperty: Parcell: That portion of the North half of the North- west quarter of the Southeast ~arter of Section 8, Township 4 South, Range 10 West, in the Rancho Los Coyotes, as shown on map recorded in book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: Beginning at the Northeast corner of said Northwest quarter of the Southeast quarter; thence South O. 08' 52" East along the Easterly line of said Northwest quarter of the Southeast quarter to the Northeasterly line of the land described in Certificate of Title No. 13252, to the State of Californla, filed January 10, 1950, in the office of the Registrar of Titles of said County; thence North 560 45' 25" West 217.34 feet along said Northeasterly line to the most Southerly corner of the land described to Carl Peltzer, and wife filed October 15, 1954, as Torrons Document No. 30000, in the office of said Registrar of Titles, thence along the Easterly boundary of said Peltzer's land the following bearings and distances: North 10 17' 57" West 102.85 feet, South 880 55' 52" East 54.56 feet, North 10 17' 57" West 50.00 feet, South 880 56' 52" East 107.00 feet to a line parallel with and Westerly 23.00 feet from said Easterly line of the Northwest quarter of the Southeast quarter, North O. 08' 52" West 313.72 feet along said parallel line to a point on the North line of said Northwest quarter of the Southeast quarter distant thereon 23.00 feet from the point of beginning; thence leaving the boundary of said Peltzer's land, south 890 43' 30" East 23.00 feet to the point of begin- ning. Parcel 2: That portion of the North half of the North- west quarter of the Southeast quarter of Section 8, Town- ship 4 South, Range 10 West, S.B.B. & M., in the Rancho Los Coyotes, County of Orange, State of California, as said section is shown on a map recorded in book 51, page 10, Miscellaneous Maps, in the office of the County Recorder of said county, described as follows: - Beginning at a point on the North line of said Northwest quarter of the Southeast quarter North 890 43' 30" West 23.00 feet from the Northeast corner of said Northwest quarter of the Southeast quarter, thence North 89. 43' 30" West 736.73 feet to the Northeast corner of the land described in Certificate No. 13252 to the State of California, in the office of the Registrar of Titles, of said county; thence South, Southwesterly and South- easterly along the Easterly lines of said land to the -1- ,-.. State of California to a point on said Easterly line North 560 45' 25" West 217.34 feet thereon from the East line of said Northwest quarter of the Southeast quarter; thence North 10 17' 57" West 102.85 feet; thence South 880 56' 52" East 54.56 feet; thence North 10 17' 57" West 50.00 feet; thence South 880 56' 52" East 107 feet to a line parallel with and Westerly 23.00 feet from the East line of the Northwest quarter of the Southeast quarter of said Section; thence North 00 08' 52" West 313.72 feet along said East line to the point of begin- ning. Excepting from Parcels 1 and 2 that portion of the North half of the Northwest quarter of the Southeast quarter of Section 8, Township 4 south, ~ge 10 West, S.B.B. & M., more particularly described in a deed by Urban Carl Peltzer and Zoo J. Peltzer to the State of California, recorded May 10, 1956, in book 3504, page 171 of Official Records of Orange County. 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 C~ission action at a public hearing noticed and held as prescribed by law and as a result thereof the City Council does hereby make the follow- ing findings: 1. That there are special circlU\Stances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classifica- tion in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classifica- tion in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditi~nal zoning variance be, and the same is hereby granted, permitting the construction of a 98-unit one and two-story apartment complex on the property hereinbefore described with waiver of the following sections of the Anaheim Municipal Code: SECTION 18.28.050(5-b) Maximum height within 150 feet of a single-family residential zone. (One-story permitted; two-story proposed for a portion of one unit) ,.-- SECTION 18.28.050(6-a-l) Minimum setback requirement (20 feet required; 15 feet proposed) SECTION 18.28.050(10-c) Distance between parking space and dwelling unit. (200 feet maximum permitted; 250 feet pro- posed for 16 units) That said variance be granted subject to the following conditions: -2- .~ .~ wtH;kw 1. That this variance is granted subject to the com- pletion of Reclassification No. 71-72-38. 2. That subject property shall be developed substan- tially in accordanc~ with plans and specifications on file with the City of Anaheim marked Exhibits Nos. l, 2, 3, 4., 5 and 6. 3. That Condition No.2, above mentioned, shall be complied with prior to final buildin9 and zoning inspections. BE IT FURTHER RESOLVED that the city council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their hei~s, successors or assigns, to comply wth 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 signed by me this 9th day of May, 1972. ~THE~~~ AT'rEST: DENE M. DAOUST, CITY CLERK J ,/' ~~~)O~T~y{fANAHEIM Deputy -3- ~ STAJE OF CALIPORNIA ) COUlfTY OF ORANGE ) ss . CITr OF ANAHEIM ) " I, DENE M. DAOUST, City Clerk of! the- City o~ Anaheim, do hereby certify that the for89Oinq Reso~tion No. 721t".171 was pas,ed and adopted at a regular meeting of' the City counci1 held on t:he: ~ 4ay of . ~ ' 19 Ju., by the following vote of~~rs thereo ; AYES; COUNCJ:LMEN; Sneegas, St.phenson, Pebley, Thom. and Dutton NOES c COUNCJ:LMEN; None ABSBNT; COUNCILMEN; None AND I FURTHER CERTIFY that the Mayor of the ;City of Ananeim approved and signed said resolution on the Q~n day of ~ ' 19...2.2...... . .IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this Q+-h day of M~i ' 19...2.2....... DENE M. DAOUST, CITY CLERK -P. /{,~. --of-' B;r c:::<<", ~A / /GJ. u:.-~./ CITY CLERK OP CITY 01" ANAHEIM Deputy (SBAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 72R-17l duly passed and adopted by the Anaheim City Council on May 9, 1972. DENE M. DAOUST, CITY CLERK ~ "1 r\,. ~ By c~/_...v~ / )) - / .t,j).~ Deputy ,