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90-419 RESOLUTION NO. 90R-419 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4091. WHEREAS, after a request for variance 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. 4091 was denied covering the following described property: THE EAST ONE-HALF OF THAT PORTION OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION THIRTEEN, TOWNSHIP FOUR SOUTH, RANGE ELEVEN WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID SOUTHWEST QUARTER WEST 110.00 FEET FROM THE SOUTHWEST CORNER OF THE EAST 5 ACRES OF SAID SOUTH HALF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID EAST 5 ACRES TO THE SOUTH LINE OF TRACT 2228, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 34 THROUGH 37 INCLUSIVE, OF MISCELI~NEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST 217.00 FEET ALONG THE SOUTH LINE OF SAID TRACT 2228; THENCE SOUTH PARALLEL WITH SAID WEST LINE OF THE EAST 5 FEET ACRES TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER; THENCE EAST 217.00 FEET TO THE POINT OF BEGINNING; 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 with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than off-street parking requirements: 1. That no evidence was presented to demonstrate that there are special circumstances applicable to the property which do not apply to other property in the same vicinity and zone. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. DNYG VAR. #4091 AND WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s) of off-street parking requirements, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present and that the aforesaid waiver(s) should be denied for the following reasons: 1. That no evidence was presented to demonstrate that the variance(s) will not cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution NO. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 27th day of November, 1990. ATTEST: ~ CITY CLERK OF THE CITY OF ANAHEIM JLW:db 112990 R34V4091.113 DNYG VAn. #4091 - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 90R-419 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 27th day of November, 1990, by the following vote of the members thereof: AYES COUNCIL MEMBERS: Simpson, Daly and Hunter NOES COUNCIL MEMBERS: Ehrle and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 90R-419 on the 4th day of December, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of December, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 90R-419 duly passed and adopted by the Anaheim City Council on November 27, 1990. CITY CLERK OF THE CITY OF ANAHEIM