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80R-295 RESOLUTION NO. 80R -295 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3137. WHEREAS, after a request for variance by CONRAD J. LETTER AND JOSEPHINE M. LETTER, owners; WALTER K. BOWMAN, agent, was re- ceived, 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. 3137 was denied covering the following described property: That portion of Lot 1 of the Anaheim extension as shown on a map of Survey made by William Hamel and filed for recording in the office of the County Recorder of Los Angeles County, California, described as follows: Beginning at a point in the North line of said lot being in the South line of La Palma Avenue, distant thereon 255.33 feet West of the Northeast corner of said lot running thence West along the North line of said Lot 79.91 feet, thence South parallel with the Easterly line of said Lot 302.23 feet thence North 73° 54' 25" East 77 feet to a line which is parallel with the Easterly line of said lot thru a point of beginning. Thence Northerly along said lot mentioned parallel line 279.849 feet to the point of beginning. Said land is shown on a licensed Surveyors Map filed in Book 16, Page 9 of Records of survey 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 waiver of maximum structural height to construct a seven (7) unit apartment complex on the property hereinbefore described with waivers of the following section of the Anaheim Municipal Code: -1- SECTION 18.34.062.012 - Maximum structural height. (One story permitted within 150 feet of RS -7200 Zoning; two stories proposed at 62 feet) .• That said variance be granted subject to the following conditions: 1. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the center- line of the street along La Palma Avenue for street widening purposes. 2. That sidewalks shall be installed along La Palma Avenue as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That the owners 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 La Palma Avenue. 4. That the proposed trash area shall be located to the satisfaction of the Director of Public Works upon improvement of the ultimate right -of -way of La Palma Avenue. 5. That subject property shall be served by underground utilities. 6. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 7. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 8. That the owner(s) of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 9. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 10. That no windows shall be permitted on the second story level of the southern portion of the building. �-� 11. That Condition Nos. 1 and 3, above - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building per- mit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. -2- 12. That Condition Nos. 2, 5, 6 and 9, above - mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby ,• reserves the right to revoke such variance permit for good cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the con- ditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 1st •ay i 1980. Ji 4L. ///.i / Of' OR OF THE !' Y r ar A_'A'EIM ATTEST: CITY CLERK OF TH° CITY OF ANAHEIM J LW : fm -3- 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. 80R -295 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 1st day of July, 1980, 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. 80R -295 on the 1st day of July, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of July, 1980. CITY RK OF THE CI 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. 80R -295 duly passed and adopted by the Anaheim City Council on July 1, 1980. CITY CLERK