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1985-101RESOLUTION NO. 85R-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3447. WHEREAS, after a request for variance by FLORENCE E. HEFFERN, owner, and JAMES J. BRENNAN, 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. 3447 was granted covering the following described property: PROPOSED PARCEL MAP NO. 84-245, BEING A SUBDIVISION OF LOT 9 OF TRACT NO. 1942, AS SHOWN ON A MAP RECORDED IN BOOK 54, PAGES 26 AND 27 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPT THE EASTERLY 41.64 FEET OF THE NORTHERLY 135 FEET OF LOT 9. ALSO EXCEPT THE EASTERLY 40 FEET OF THE SOUTHERLY 105 FEET OF LOT 9; 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 surroundings, 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 a 4-lot, RS-10,000 (Residential, Single-Family) Zone subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.25.061.020 - Minimum lot width and frontage. (90 feet required; 20 feet proposed for one lot) That said variance be granted subject to the following conditions: -1- 1. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along West Street and Pioneer Drive in an amount as determined by the City Council. 2. That appropriate park and recreation in-lieu fees for each lot shall be paid to the City of Anaheim in an amount as determined by the City Council. 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That subject property shall be served by underground utilities. 6. That a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 7. That access to Lot No. 4 shall be from Pioneer Drive only. Vehicular access rights to West Street for said lot shall be dedicated to the City of Anaheim. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 9. That the development of each parcel shall be limited to one single-family residential dwelling not exceeding one story in height, and that said restriction shall be shown on and recorded concurrently with the parcel map. 10. That prior to final parcel map approval, the requirements set forth in Condition Nos. 1, 2, 7, 8 and 9 shall be set forth on the face of the final map in a form satisfactory to the City Engineer. -2- BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of February, 1985. /~"!• MAYOR OF THE CITY OF ANAHEIM ATTEST: ~~~ CITY CLERK OF THE CITY OF ANAHEIM JLW:fm 3379M 032885 -3- 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-101 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on A the 26th day of February, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-101 on the 26th day of February, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of February, 1985. CITY CLERK OF THE CITY 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-101 duly passed and adopted by the Anaheim City Council on February 26, 1985. ~ ~~ _ T LE .~,,,~.