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1985-071RESOLUTION NO. 85R-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3448. WHEREAS, after a request for variance by BEN HATHAWAY and MARY LOU HATHAWAY, owners, and GREGORY PYROS, 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. 3448 was denied covering the following described property: THE WEST 190 FEET OF NORTHWEST QUARTER OF NORTHWEST QUARTER OF SOUTH, RANGE 10 WEST, DE SANTA ANA, IN THE RECORDED IN BOOK 51, IN THE OFFICE OF THE COUNTY; and THE NORTH 210 FEET OF THE THE NORTHWEST QUARTER OF THE SECTION 27, IN TOWNSHIP 4 IN THE RANCHO SAN JUAN CAJON CITY OF ANAHEIM AS PER MAP PAGE 10, MISCELLANEOUS MAPS, COUNTY RECORDER OF SAID 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), that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present, and that said waiver(s) of off-street parking requirements should be denied, for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses due to the lack of sufficient off-street parking facilities to accommodate the proposed restaurant expansion; 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 because only 35 off-street parking spaces are available on the premises and the restaurant (together with the proposed expansion) would require a minimum of 143 off-street parking spaces to comply with minimum Anaheim Municipal Code requirements. 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 a rehearing 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 a final decision must be sought is governed by Section 1094.6 of the Code of Civil Procedure. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 5th day of February, 1985. I~~ MA R OF THE CITY O ANAH IM ATTEST: R ~.J~-~ CITY CLERK OF THE CITY OF ANAHE JLW:pm 2496U -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. 85R-71 was introduced and adopted at a regular .'"*+~. meeting provided by law, of the City Council of the City of Anaheim held on the 5th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickier and Roth NOES: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-71 on the 5th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed tYie seal of the City of Anaheim this 5th day of February, 1985. Q ~~~ CITY CLERK OF T E CITX 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. 85R-71 duly passed and adopted by the Anaheim City Council on February 5, 1985. ~~ Q CITY CLERK