1982-334RESOLUTION NO. 82R -334
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3264
WHEREAS, after a request for variance by MARVIN AND
SHIRLEY NEBEN, owners; FLOYD L. FARANO, 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. 3264 was granted covering the following described
property:
LOT 9 AND 10 TRACT 3398 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 129, PAGES 47 AND 48 OF MISCELLAN-
EOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY; 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 the retention of three
illegally established apartment units on the property hereinbefore
described with waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18.34.061.010
SECTION 18.34.062.032
- Minimum site area per dwelling
unit. (1200 sq. ft. required;
1072 sq. ft. existing)
Minimum floor area. (700 sq. ft.
per dwelling unit required; 330
to 540 sq. ft. existing)
SECTION 18.34.066.012 - Minimum number of parking spaces.
(29 spaces: 28 covered and 11
open required; 18 enclosed spaces
existing)
That said variance be granted subject to the following conditions:
1. That subject property shall be developed substantially in
accordance with plans and specifications on file with the City of
Anaheim marked Exhibit No. 1; provided, however, that kitchen
efficiency units shall be installed in the two (2) bachelor units
which don't have kitchens.
2. That the existing structure shall be brought up to the
minimum standards of the City of Anaheim, including the Uniform
Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes
as adopted by the City of Anaheim, within a period of sixty (60)
days from the date herein.
3. That Condition Nos. 1 and 2, above - mentioned, shall be
complied with prior to final building and zoning inspections, or
within a period of 60 days from the date herein, whichever occurs
first.
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 22nd day of June, 1982.
MAYOR OF THE CITY IF ANAHEIM
ATTEST:
Y aLERK OF THE CITY OF ANAHEIM
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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. 82R -334 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 22nd day of June, 1982, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 82R -334 on the 22nd day of June, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 22nd day of June, 1982.
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. 82R -334 duly passed and
adopted by the Anaheim City Council on June 22, 1982.
r-ITY CLERK
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