1982-384RESOLUTION NO. 82R -384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3263.
WHEREAS, after a request for variance by HENRY B. WESSELN
and THELMA M. WESSELN, owners, 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. 3263
was granted covering the following described property:
The portion of the northeast quarter of the
northwest quarter of section 13, in township 4
south, range 11 west, in the Rancho Los Coyotes, in
the City of Anaheim, County of Orange, as said
section is shown on a map recorded in book 51, page
11, Miscellaneous Maps, records of said Orange
County, described as follows:
Commencing at the northeast corner of the northwest
quarter of said section 13, and running thence south
89 41' 15" west along the north line of said
northwest quarter, 727.91 feet to the northwest
corner of the land of Orville L. Matteson and wife,
as described in the first description of that
certain Decree quieting title, a certified copy of
which was recorded October 15, 1963 in book 6762,
page 263, Official Records of said Orange County;
thence south 0 13' 18" east along the west line of
said land, 598.55 feet to the southwest corner of
said land, thence along the south line of said land
of Matteson, and its easterly prolongation north 89
41' 15" east 474.17 feet to the true point of
beginning of the boundary of the land described
herein; thence south 0 11' 45" east parallel with
the east line of said northwest quarter of section
13, a distance of 27 feet; thence north 89 41' 15"
east parallel with the easterly prolongation of the
south line of said land of Matteson, 38 feet; thence
north 0 11' 45" west parallel with the east line of
said northwest quarter of section 13, a distance of
20 feet; thence north 89 41' 15" east parallel with
the easterly prolongation of the south line of said
land of Matteson, 87.83 feet; thence south 0 11'
45" east parallel with the east line of said
northwest quarter of section 13, a distance of 89.78
feet; thence north 89 41' 15" east parallel with
the easterly prolongation of the south line of said
land of Matteson, 127.64 feet, more or less, to the
east line of said northwest quarter of section 13;
thence along said east line, north 0° 11' 45" west
96.78 feet to its intersection with the easterly
prolongation of the south line of said land of
Matteson; thence along said prolonged line, south
89 41' 15" west 253.47 feet, more or less, to the
true point of beginning.
Parcel 1:
Commencing at the northeast corner of the northwest
quarter of said section 13, and running thence south
89° 41' 15" west along the north line of said
northwest quarter, 727.91 feet to the northwest
corner of the land of Orville L. Matteson and wife,
as described in the first description of that
certain decree quieting title, a certified copy of
which was recorded October 15, 1963 in book 6762,
page 263, Official Records of said Orange County;
thence south 0° 13' 18" east along the west line of
said land, 598.55 feet to the southwest corner of
said land; thence along the south line of said land
of Matteson, and its easterly prolongation, north
89 41' 15" east 474.17 feet; thence south 0 11'
45" east parallel with the east line of said
northwest quarter of section 13, a distance of 27
feet to the true point of beginning of the boundary
of the land described herein; thence north 89 41'
15 "east parallel with said easterly prolongation of
the south line of the land of Matteson, 38 feet;
thence north 0 11' 45" west parallel with the east
line of said northwest quarter of section 13, a
distance of 20 feet; thence north 89 41' 15" east
parallel with the easterly prolongation of the south
line of said land of Matteson, 87.83 feet; thence
south 0 11' 45" east parallel with the east line of
said northwest quarter of section 13, a distance of
89.78 feet; thence south 89 41' 15" west parallel
with the easterly prolongation of the south line of
said land of Matteson 125.83 feet thence north 0
11' 45" west parallel with the east line of said
northwest quarter of section 13, a distance of 69.78
feet to the true 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 surround-
ings, which do not apply to other property under identical zoning
classification in the vicinity.
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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 construction of a 16 -unit
apartment complex with 25% of the units being designated as
"affordable" on the property hereinbefore described with waivers
of the following sections of the Anaheim Municipal Code:
SECTION 18.34.061.010 - Minimum building site area per unit
(1200 sq. ft. required; 967 sq. ft.
proposed)
SECTION 18.34.062.012 - Maximum structural height
(1 story permitted within 150 feet of
single - family residential zoning; 2
stories proposed)
SECTION 18.34.063.011 - Minimum landscaped setback
(20 feet required from an arterial
highway; 15 and 17 feet proposed)
That said variance be granted subject to the following conditions:
1. That this variance is granted subject to the completion
of Reclassification No. 81- 82 -18, 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 6.
3. That Condition No. 1, above - mentioned, shall be complied
with prior to final building and zoning inspections.
4. That prior to the issuance of building permits, the
owner /developer shall execute and record an agreement with the
City of Anaheim providing that four (4) units shall be sold to and
maintained in ownership by persons or families of low or moderate
income for a minimum of five years. The form of said agreement
shall be approved by the City Attorney's Office.
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.
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THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 20th day of July, 1982.
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITYNCLERK OF THE 0ITY OF ANAHEIM
WPH :JLW :dh
8/12/82
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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 -384 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 20th day of July, 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 -384 on the 20th day of July, 1982.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 20th day of July, 1982.
CITY CLERK OF THE CITt 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 -384 duly passed and
adopted by the Anaheim City Council on July 20, 1982.
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