72R-338
RESOLUTION NO. 72R-338
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AN&qEIM GRANTING VARIANCE NO. 2392.
WHEREAS, after a request for variance by ADOLPH W.
LEMKE, owner; K AND W DEVELOPMENT CORPORATION, agent, was
received, a public hearing before the Planning Commission of
the City of Anaheim was held upon due and proper notice as a
result of which Variance No. 2392 was denied covering the
following described property:
PORTION A:
All that certain land situated in the State of
California, County of Orange, City of Anaheim,
described as follows:
That portion of Section 3, Township 4 South, Range
9 West, San Bernardino Base and Meridian, being a
portion of the land described in deed to Emma Lemke,
recorded June 26, 1959 in Book 4776, page 291, Offi-
cial Records, of Orange County, California, described
as follows:
Beginning at the Southeast corner of the land conveyed
to John M. Bush by deed recorded April 9, 1895 in Book
16, page 224 of Deeds, records of said Orange County,
said point being in the center of the Santa Ana Valley
Irrigation Company's Canal; thence North along the East
line of the land conveyed to said John M. Bush, l138.07
feet to a point in the Northwesterly line of the land
described in deed to the State of California, recorded
September 10, 1968 in book 8714, page 971 of Official
Records of said Orange County, said point being the true
point of beginning; thence continuing North along said
East line 773.93 feet to the Northwest corner of the
deed to Will Lemke, recorded August 30, 1916 in book
286, page 239 of Deeds, records of Orange County,
California; thence North 890 45' 00" East 453.00 feet
to the Northeast corner of the land described in said
last mentioned deed; thence Southerly along the Northerly
prolongation of the Westerly line of Lot 8 of Mrs. Bush's
Subdivision as shown on a map recorded in book 36, page 52
of Miscellaneous Records of Los Angeles County, Calif-
ornia, and along the Westerly line of Lot 8 to the North-
westerly line of said land described in deed to the State
of California; thence Southwesterly along said North-
westerly line to the true point of beginning.
Excepting therefrom that portion of said land described
in the deed to Orange County Water District, recorded
September II, 1940 in book 1056, page 521 of Official
Records.
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Also excepting therefrom that portion of said land
described in the deed to the City of Anaheim recorded
May ll, 1965 in book 7516, page ll9 of Official Records.
PORTION B:
All that certain land situated in the State of California,
County of Orange, City of Anaheim, described as follows:
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That portion of the lands conveyed to the State of
California by deeds recorded July 13, 1964, in book
7129, page 842 and September 29, 1964 in book 7237,
page 778, both of Official Records of Orange County,
California, lying Northwesterly of the following
described line:
Beginning at a point in the Westerly line of Lot 8 of
Mrs. Bush's Subdivision as shown on a Map recorded in
book 36, page 52 of Miscellaneous Records of Los Angeles
County, California, said point being the Northeasterly
corner of the land conveyed to the State of California
by deed recorded September 10, 1968 in book 8714, page
971 of said Official Records; thence along the North-
easterly extension of that certain course cited as
"tangent curve concave Southeasterly having a radius of
3,300.00 feet" in said last mentioned deed, from a
tangent that bears North 700 25' 23" East, to the
Easterly line of said land conveyed by deed recorded
July 13, 1964.
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 pub-
lic hearing noticed and held as prescribed by law and as a
result thereof the City Council does hereby make the following
findings:
I. That there are special circumstances 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
(I) 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 conditional zoning variance be,
and the same is hereby granted, permitting the subdivision of the
property into 50, R-I, single-family zoned lots, with waivers
of the following sections of the Anaheim Municipal Code:
SECTION 18.24.030(4-a)
Minimum lot width (70 feet
required; 57 to 61 feet proposed)
Minimum lot area (7,200 square
feet required; 6,000 square foot
minimum proposed)
That said variance is granted subject to the following conditions
and stipulations of the applicant:
SECTION l8.24.030(4-b)
I. That this variance is granted subject to the
completion of Reclassification No. 72-73-5.
2. There shall not be constructed on any lot smaller
than 7,200 square feet any home larger than a three-bedroom
home.
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3. That applicant shall secure a favorable flood
control letter from the Orange County Flood Control District
and submit same to the City of Anaheim.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke such variance permit for good
cause or failure of said owner, his 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 signed by me
this 8th day of August, 1972.
~~.~~ ANAHEiM ~... . 72R_3;:~'i':-,~::,:" 8
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1972
STATE OF CALIFORNIA
COUNTY OF O:RANGE
CITY OF ANAHEIM
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ss.
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 72R-338 was
passed and adopted at a regular meeting of the City Council held
on the 8th day of August , 19 72, by the following
vote of the members thereof: -
AYES: COUNCILMEN: Sneegas, Stephenson, Pebley and
Dutton
NOES: COUNCILMEN: Thorn
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 8th day of
Auqust , I 912--.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 8th day of
August , 1912--.
~ctE~A.~ANAHEiM
(SEAL)
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