91-285 RESOLUTION NO. 91R-285
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM DENYING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN VARIANCE NO. 3747 AS
APPROVED BY RESOLUTION NO. 88R-108.
WI{EREAS, the City Council of the City of Anaheim
heretofore adopted Resolution No. 88R-108 approving Variance No.
3747, subject to certain conditions specified therein; and
WHEREAS, the permittee has now requested an amendment to
said conditions of approval; and
WHEREAS, the City Council held a duly noticed public
hearing on September 24, 1991, at which hearing the City Council
did receive and consider evidence, both oral and documentary,
relating to said request; and
WHEREAS, the City Council hereby finds and determines
that the amendment of said conditions of approval is not reasonably
necessary to protect the public peace, health, safety or general
welfare, nor necessary to permit reasonable operation under said
Variance No. 3747 for the following reasons:
1. The current height limitation was imposed by the
City, and agreed to by the then current owner of the property, as
consideration for an increase in the height limitation on adjacent
property under common ownership; and ....
2. Said height limitation was contained in a covenant
heretofore recorded against the subject property; and
3. The applicant acquired the subject property with
notice and knowledge of the existing 18 foot height limitation; and
4. The applicant failed to present evidence that the
property cannot be reasonably developed within compliance with the
existing 18 foot height limitation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the conditions of approval heretofore imposed
in Variance No. 3747 as approved by Resolution No. 88R-108 be, and
the same are hereby, affirmed.
BE IT FURTHER RESOLVED that said petition to amend said
conditions of approval of Variance No. 3747 be, and the same is
hereby, denied and that Resolution No. 88R-108 shall remain in full
force and effect.
VAR #3747
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 24th day of September,
1991.
THE
MAYO CITY
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
JLW: dnl
34V3747.12
093091
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VAR #3747
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-285 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 24th day of
September, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter
NOES: COUNCIL MEMBERS: Pickler
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the city of Anaheim signed said
Resolution No. 91R-285 on the 25th day of September, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
city of Anaheim this 25th day of September, 1991.
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. 91R-285 duly passed and adopted
by the City Council of the City of Anaheim on September 24, 1991.
CITY CLERK OF THE CITY OF ANAHEIM