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97-072RESOLUTION NO. 97R -72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4302. WHEREAS, the City heretofore received an application for a zone variance to permit a 50 -foot high, double- faced, 299 sq.ft. freestanding pole sign, including a 70 sq.ft. electronic reader board, which application requested approval of a zone variance from the following provisions of the Anaheim Municipal Code: (a) Sections 18.05.098 and 18.61.067 Permitted type of sign. (Marquee (changeable copy] signs prohibited; electronic reader board advertising sign proposed.) (b) Sections 18.05.098.011 Permitted size of freestanding and 18.61.067 signs. (100 sa. ft. permitted in front setback;. 299 sq. ft. proposed.) WHEREAS, 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. 4302 was granted, in part, covering the following described property: PARCEL C, AS SHOWN ON A MAP FILED IN BOOK 150, PAGES 5 AND 6 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; 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 the requested waiver of permitted type of sign be denied on the basis that the petitioner has not sufficiently demonstrated a physical hardship on the property which would preclude conformance to the Code. The petitioner has been granted approval to relocate an existing 38 -foot high, 100 square -foot reader board sign (by Conditional Use Permit No. 3855) from its original location at 1980 -1990 South Anaheim Boulevard to this property due to the I -5 freeway widening. Approval of the proposed 50 -foot high, 299 square -foot combination reader board and tenant name sign would set a precedent allowing similar marquee signs and larger signs than permitted by Code in the surrounding area for other businesses affected by freeway widening. 2. That the requested waiver of permitted size of freestanding signs be denied on the basis that the petitioner has not demonstrated a physical hardship on the property or that strict application of the Zoning Code deprives the property of privileges enjoyed by other nearby properties with identical zoning. There are not other electronic reader board signs along the I -5 freeway in the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R -524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of May, 1997. hi MAYOR OF THE CITY OF /ANAHEIM ATTEST: :CITY CLERK OF TH y CITY OF ANAHEIM 0023146.01 2 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 97R -72 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 20th day of May, 1997, by the following vote of the members thereof: AYES: MAYOR /COUNCIL MEMBERS: McCracken, Tait, Lopez, Daly NOES: MAYOR /COUNCIL MEMBERS: Zemel ABSENT: MAYOR /COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 97R -72 on the 20th day of May, 1997. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of May, 1997. (SEAL) 4' CITY CLERK OF THE CITY OF ANAHEIM I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 97R -72 was duly passed and adopted by the City Council of the City of Anaheim on May 20, 1997. 0.44CITY CLERK OF THE CITY OF ANAHEIM