1977-181RESOLUTION NO. 77R -181
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 2882.
WHEREAS, after a request for variance by LOREN, JOHN
and HOWARD LUKENS and M.E.B. INVESTMENTS, owners, and David
Beck, 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. 2882
was granted, covering the following described property:
A portion of Section 15, Township 4, South,
Range 11 West, S.B.B. M. in the City of
Anaheim, County of Orange, State of California,
described as follows:
Beginning at a point on the south line of the
West half of the Southeast quarter of the South-
east quarter of Section 15, Township 4, Range 11,
283.17 feet west of the Southeast corner thereof,
and running thence west along the south line of
the said west half 95.34 feet; thence north
parallel to the west line of the said west half
473.60 feet to a point on the southerly line of
the right of way of the P.E.R.R., and thence
southeasterly along said southerly right of way
line 118.94 feet; thence south parallel to the
west line of the said west line of the said west
half 401.98 feet to the point of beginning.
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:
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.
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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 construc-
tion of a 27 -unit apartment complex on the property hereinbe-
fore described with a waiver of the following section of the
Anaheim Municipal Code:
SECTION 18.34.062.012 Maximum building height
(1 story permitted;
2 stories proposed)
That said variance be granted subject to the following
conditions:
1. That this Variance is granted subject to the
completion of Reclassification No. 76- 77 -28, now pending.
2. That subject property shall be developed
substantially in accordance with plans and specifications on
file with the City of Anaheim marked Exhibits Nos. 1 through
8 (Revision No. 1); provided, however, that prior to issuance
of a building permit further revised plans shall be submitted
to the Planning Department for review and approval deleting
the proposed wall along the west property line and indicating
an easement for common access between the subject property
and the adjacent property to the west consisting of a single,
30 -foot maximum width access point on Bali Road to serve both
parcels, and said easement shall have a 3 to 4 -foot wide
landscaped median with breaks, as determined to be appropriate
for use by the residents of the two parcels, as stipulated to
by the petitioner; and, furthermore, the agreement for the
common easement referred to herein shall be submitted to the
City Attorney's Office for review and approval and then shall
be recorded in the Office of the Orange County Recorder, prior
to the issuance of a building permit.
3. That Condition No. 1, above- mentioned, shall be
complied with prior to the commencement of the activity author-
ized under this resolution, or prior to the time that the
building permit is issued, or within a period of one year from
date hereof, whichever occurs first, or such further time as
the City Council may grant.
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
cause or failure of said owners, their heirs, successors or
assigns to comply with the Anaheim Municipal Code and regula-
tions and the conditions herein. Said variance is granted for
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the term prescribed by the Anaheim
otherwise specified herein.
THE FOREGOING RESOLUTION
this 15th day of March 1977.
ATTEST:
CIC CLE K OF THE CITY OF ANAHEIM
JLW:jh
Municipal Code unless
is approved and signed by me
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
ss.
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -181 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 15th day of March, 1977, 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. 77R -181 on the 15th day of March, 1977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 15th day of March, 1977.
(SEAL)
CITY CLERK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -181 duly passed and adopted
by the Anaheim City Council on March 15, 1977.
1
CITY CLERK