1976-5550
RESOLUTIO-i\f 1-D. 76R-555
A OF THE CITY COMCIL OF THE CITY
1:T
OF ANAMI111 GRA.V,_.fTI__NG "JAPIA1,710E 2-710. 2315.
11HEREAS, after a request for variance by T-11innie B.
J"Jierberger, owner; James L. Barisic, agent, was received, a
Public hearing before -Lhe Planning Commission of the City of
Anaheirtt was held upon due and proper notice, a result of w_iiich,
Variance No. 2815 was denied cove'r'ing the following described
property:
All that certain land situated in the City of
Anahei.r,if described as follows;
Lot Eight of Tract No. 1544, as shown on a re-
corded in Book, 47, page 30,, Miscellaneous 1',,1Lap_s,
records of Orange County, California.
WHERL21S, thereafter, within the time prescribeC.- by law,
an interested Party or the City Council, on its own motion, caused
the review of said Planning Cora-Assion action at a public hearing
noticed and held as Prescribed by law and, as a result �L�,iereof:,
the City Council does hereby m�ajke -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. because of special circumstances shown in (1)
above, strict application of the zoning code deprives the propertyof privileges enjoyed by other propert-N7 under identical zoninc.
classification in the vicinity.
the
THEREFORE, BE IT R'11]'SOLVEED by the City Council of
the of Anaheim, that a City conditional zoning variance be, and
.Z conditional
same is hereby, granted permitting the establishment of an
illegally constructed fence -on the Property hereinbefore described
with waiver of the following section- of the Rnaheim 11unicipal Code:
SECTION 18.04.043.102 2%11ax
21 .1
imum fence height.
(42 inches Permitted;
6 feet existing)
That said variance be granted subject to the following conditions:
1. That subject propert-,
.1 shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit No. 1.
2. That the owner submit a written waiver to -the City
waiving the right to any future claim of adverse Possession or
prescriptive easement against the CitN7 of Anaheim,
encroachment of said fence 4n-- caused by the
into the public right—of-way.
3. That t1ne right to maintain said fence shall be Personal
to the current owner and shall terminate upon her ceasingtore-
side on said property.
4. That this variance shall be subject to review by the
City Council three (3) years frozi the dateof this resolul--iol, if
said variance is still in effect at that time.
-1-
0
BE IT FURTHER RESOLVED that the City Council herebv
reserves the right to revolKe such variance permit for good cause
or failure of said owner, her heirs, successors or assigns to
comply with the Anaheim Municipal Code and regulations and the
conditions herein. Said variance is granted for -u.1e tern, pre-
scribed by the Anaheim Municipal Code unless otherwise specified
herein.
THE FOREGOING P,ESOLUTIO%;T is approved and signed by �1e
this 14th day of September, 1976.
ATTEST:
CITY CLERK OF THE CITY OF t'1l�AHEI`;i
JW: fm
-2-
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-555 was introduced
and adopted at a regular meeting provided by law, of the City Council
of the City of Anaheim held on the 14th day of September, 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-555 on the 14th day of September,
1976.
IN WITNESS WHEREOFi I have hereunto set my hand and affixed the seal
of the City of Anaheim this 14th day of September, 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-555
duly passed and adopted by the Anaheim City Council on the 14th day
of September, 1976.
A.9
CITY CLERK
is
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