1976-6320 0
RESOLUTION NO. 76R-632
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 2332, IN PART.
WHEREAS, after a request for variance by William
Wagner (Trustee) and Dollie P. Rains, (Trustor); and
John Booty, 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. 2832 was
granted, in part, covering the following described property:
A portion of the following described land:
Parcel 1:
The East 165 feet of the West 495 feet of the
East half of the Southwest quarter of the South-
west quarter of Section 12, Township 4 South,
Range 11 West, in the Rancho Los Coyotes, as
shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County,
California, said East half of the Southwest
quarter of the Southwest quarter of said Section
12 being described as commencing at a point in the
South line of said Section, North 890 41' East
662.75 feet from the Southwest corner thereof;
thence North 00 13' West 1328.09 feet to a point;
thence North 890 41' 10" East 663.44 feet to a
point; thence South 00 14' 45" East 1328.05 feet
to a point; thence South 890 41' West 662.75 feet
to the place of beginning.
Excepting therefrom the South 40 feet.
Also excepting "all oil, gas and other hydrocarbons
and mineral substances lying not less than 100 feet
below the surface of said land, for a period of 15
years from July 29, 1953, provided that Seller, his
successors and assigns shall not have the right to
go upon the surface of the South half of said land
for the purpose of extracting said oil, gas or other
hydrocarbon and mineral substances, nor for any
purposes in connection therewith, but shall have the
right to extract and remove said oil, gas and/or other
hydrocarbon and mineral substances, nor for any
purpose in connection therewith, but shall have the
right to extract and remove said oil, gas and other
hydrocarbon and mineral substances by means of slant
drilled wells located on the North half of said land,
or by any other means which shall not require entry
upon the surface of the South half of said land", as
reserved in the deed from George Lawrence Rains to
Clarence W. Rains and wife, recorded December 24, 1954
in Book 2005, page 481 of Official Records.
Parcel 2:
That portion of the East half of the Southwest quarter
of the Southwest quarter of Section 12, Township 4
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South, Range 11 West, in the Rancho Los Coyotes, as
shown on a map recorded in Book 51, page 11 of
Miscellaneous Maps, records of Orange County, Cali-
fornia., described as follows:
Beginning at a point on the South line of said Section,
North 890 411 East 662.75 feet from the Southwest
corner thereof; thence North 00 131 East 1328.09 feet to
a point; thence North 890 411 10" East 663.44 feet to a
point; thence South 00 141 4511 East 1328.05 feet to a
point; thence South 890 411 West 662.75 feet to the
place of beginning.
Except the West 495.00 feet.thereof.
Also except the North 726.00 feet thereof.
Also excepting therefrom the North 50.feet of the
South 155 feet of the East 28 feet.
Also excepting therefrom the South 40 feet.
Parcel 3:
The North 726.00 feet of that portion of the East
half of the Southwest quarter of the Southwest quarter
of Section 12, Township 4 South, Range 11 West, in the
Rancho Los Coyotes, as shown on a map recorded in Book
51, page 11 of Miscellaneous maps, records of Orange
County, California, described as commencing at a point
in the South line of said Section, North 890 411 East
662.75 feet from the Southwest corner thereof; thence
North 00 131 West 1328.09 feet to a point; thence North
890 411 10" East 663.44 feet to a point; thence South
00 141 45f1 East 1328.05 feet to a point; thence South
890 411 West 662.75 feet to the place of beginning.
Excepting therefrom the West 495 feet.
Parcel 4:
An undivided 1/2 interest in
South 155 feet of the East 2E
the Southwest quarter of the
Section 12, Township 4 South,
Rancho Los Coyotes, as shown
51, page 11 of Miscellaneous
the County Recorder of said C
interest in the water wells,
situated thereon.
the North 50 feet of the
feet of the East half of
Southwest quarter of
Range 11 West, in the
on a map recorded in Book
Maps, in the office of
ounty, together with a like
pumping plant and equipment
Said portion is the southerly 530 feet of the above-
described land.
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:
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1. 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
(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 conditional zoning variance
be, and the same is hereby granted, in part, permitting the
construction of an 88 -unit apartment complex on the property
hereinbefore described with waivers of the following sections
of the Anaheim Municipal Code:
(a) SECTION 18.04.043.050 - Permitted encroachment into
required yards. (30 inches
permitted, 4 feet proposed)
(b) SECTION 18.34.06.2.012 - Maximum building height.
(l story permitted; 2 stories
proposed)
(c) SECTIONS 18.21.061.020
AND 18.01.130
Minimum building site width
and frontage. (140 feet
required; no frontage proposed)
That said variance be granted, in part, subject to the following
conditions:
1. That this Variance is granted subject to the
completion of Reclassification No. 76-77-9, now pending.
2. That the appropriate directional signing shall be
erected on the subject property to indicate right turns only
onto Lincoln Avenue.
3. That revised plans shall be submitted for
Planning Commission review and approval, said plans to indicate
a minimum 33 -foot wide access over Portion A of subject property
to Portion B, and also to eliminate 5 second -story dwelling
units proposed within the 150 -foot building setback adjacent to
single-family residential land uses, with the exception of said
setback adjacent to Lot No. 4 in Tract No. 2780, as stipulated
to by the petitioner, and this condition shall be complied with
prior to the issuance of building permits.
4. That Condition No. 2, above-mentioned, shall be
complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke such variance permit for good
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cause or failure of said owner, his heirs, successors or
assigns to comply with the Anaheim Municipal Code and regula-
tions and the conditions herein. Said variance is granted,
in part, for the term prescribed by the Anaheim Municipal Code
unless otherwise specified herein.
THE FOREGOING RESOLUTION is`approved'and signed by me
this 12th day of October, 1976. ,
MA OR F THE CIS OF ANAHEIM
ATTEST:
CiTY CtERK UY THE CITY OF ANAHET7
JW : j h
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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. 76R-632 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 12th day of October, 1976, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved
and signed said Resolution No. 76R-632 on the 12th day of October, 1976.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 12th day of October, 1976.
CITY CLERK OF THE CITY 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. 76R-632
duly passed and adopted by the Anaheim City Council on the 12th day
of October, 1976.
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