1981-341RESOLUTION NO. 81R-341
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF .ANAHEIM GRANTING VARIANCE NO. 3222.
WHEREAS, after a request for variance by MARVIN C.
MOORE, owner, 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. 3222 was granted covering
the .following described property:
LOT 40, TRACT 2222, IN THE CITY OF ANAHEIM, AS PER
MAP RECORDED IN BOOK 113, PAGES 23 TO 25 INCLUSIVE,
MISCELLANEOUS 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 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 privi-
leges 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 four-unit addition to an existing
apartment building on the property hereinbefore described with
waivers of the following sections of the Anaheim Municipal Code:
SECTION 18.34.062.012 - Maximum structural height.
(one story within 150 feet
of single-family residen-
tial zone boundary permitted;
two stories proposed 123 feet
from RS-7200 zoning)
SECTION 18.34.063.012 - Minimum landscaped setback.
(15 feet required; 12 feet
existing)
SECTION 18.34.063.021 - Minimum sideyard setback.
(16 feet required; 6 feet
existing)
SECTION 18.34.066.012 - Minimum number and type of
parking spaces. (15 spaces -
8 covered or enclosed required;
13 spaces - 6 enclosed proposed)
-1-
That said variance be granted subject to the following conditions:
1. That the owner of subject property shall pay to the City
of Anaheim a fee, in an amount as determined by the City Council,
for street lighting along Crestwood Lane.
2. That the owner of subject property shall pay to the City
-~ of Anaheim a fee, in an amount as determined by the City Council,
for tree planting purposes along Crestwood Lane.
3. That petitioner shall obtain a waiver of Council Policy
No. 542 pertaining to sound attenuation in residential projects to
issuance of building permits.
4. 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 5.
5. That Condition Nos. 1, 2 and 3, above-mentioned, shall be
complied with prior to the commencement o.f the activity authorized
under this resolution, or prior to the time that the building permit
is issued, or wit'nin a period of one year from date hereof, which-
ever occurs first, or such further time as the Planning Commission
may grant.
6. That Condition No. 4, above-mentioned, shall be complied
with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicant's compliance with each and all of the con-
ditions hereinabove set forth. Should any such conditions, 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.
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, his heirs, 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 th e
Anaheim Municipal Code unless otherwise specified herein.
mHE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 21st day of July, 1981.
ATTEST:
CITY LERK OF HE CITY OF ANAHEIM
JLW:fm -2-
'"
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. 81R-34.x: was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 21st day of July, 1981, 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. 81R-341. on the 21st day of July, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 21st day of July, 1981.
CITY C ERK OF THE CIT F 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. 81R-~4 L-duly passed and
adopted by the Anaheim City Council on July 21, 1981.
CITY CLER