1979-705RESOLUTION NO. 79R -705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3115.
WHEREAS, after a request for variance by BIRCH RIDGE
ESTATES, owner; RICHARD L. OWEN, agent, 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.
3115 was granted covering the following described property:
Lots 1 to 57, both inclusive, of Tract No. 9752,
as shown on a Map recorded in book 418, pages 34
to 38, inclusive, of Miscellaneous Maps, records
of Orange County, California; 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:
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. 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
classification 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 construction of a 46-
lot, 44 unit condominium subdivision on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.31.062.012 Maximum structural height
(1 story permitted within
150 feet of single- family
residential zoning; 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. 79- 80 -13, now pending.
2. That subject property shall be developed substantially
in accordance with plans and specifications on file with the City
of Anaheim marked Exhibit Nos. 1 through 8; provided, however,
any modifications or changes to the approved plans shall be sub-
mitted to and approved by the Planning Commission.
3. That landscaped plans, including appropriate open non
view obscuring fencing, shall be submitted to and approved by the
Planning Commission prior to the issuance of building permits.
4. That a letter of approval shall be submitted from Anaheim
Hills, Inc., prior to introduction of an ordinance reclassifying the
subject property.
BE IT FURTHER RESOLVED that the City Council hereby re-
serves the right to revoke such variance permit for good cause or
failure of said owner, its 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 adopted by the
City Council of the City of Anaheim this 4th day of December,
1979.
ATTEST:
I RK OF THE CITY OF ANAHEIM
J LW fm
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. 79R -705 was introduced, and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 4th day of December,, 1979, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 79R -705 on the 4th day of December,. 1979.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 4th day of December,. 1979.
(SEAL)
CITY C ERK OF THE CI 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. 79R -705 duly passed and adopted
by the Anaheim City Council on December 4, 1979.