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RES-1989-390 RESOLUTION NO. 89R-390 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3893. WHEREAS, after a request for variance by Linda Lee Sprague, 1305 1/2 W. North Street, Anaheim, CA 92803, 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. 3893 was granted; in part, covering the following described property: PARCEL 1 THAT PORTION OF SECTION 9, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE NORTHERLY LINE OF LOT 4, AS SHOWN ON A LICENSED SURVEYOR'S MAP OF PORTION OF SAID SECTION 9, MADE FOR F.W. FLEISCHMAN AND AS SHOWN ON A MAP OF SURVEY RECORDED IN BOOK 1, PAGE 56, RECORD OF SURVEYS, 289.82 FEET WESTERLY FROM THE CENTER LINE OF WEST STREET, AS SHOWN ON SAID MAP; THENCE SOUTHERLY 1,176.4 FEET PARALLEL WITH THE WESTERLY LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION TO THE SOUTHERLY LINE, TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY 426 FEET PARALLEL WITH THE EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9; THENCE WESTERLY 110 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4; THENCE SOUTHERLY 198.00 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO EDWARD A. TURNER AND WIFE, BY DEED RECORDED JANUARY 30, 1951 IN BOOK 2137, PAGE 11, OFFICIAL RECORDS; THENCE EASTERLY 6 FEET PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4 TO THE NORTHEASTERLY CORNER OF THE LAND CONVEYED TO TURNER; THENCE SOUTHERLY 228.00 FEET ALONG THE EASTERLY LINE OF SAID LAND CONVEYED TO TURNER TO THE SOUTHERLY LINE OF SAID LOT 4; THENCE EASTERLY 104 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING. PARCEL 2 THAT PORTION OF SECTION 9, IN TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: DNYG VAR. 83893 BEGINNING AT A POINT IN THE NORTHERLY LINE OF LOT 4, AS SHOWN ON A LICENSED SURVEYOR'S, MAP OF A PORTION OF SAID SECTION 9, MADE FOR F.W. FLEISCHMAN AND FILED IN BOOK 1, PAGE 56, OF RECORD OF SURVEYS, IN ITS OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, 289.82 FEET WESTERLY FROM THE CENTER LINE OF WEST STREET, AS SHOWN ON SAID MAP; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION, 1176.4 FEET IN THE SOUTHERLY LINE OF SAID LOT 4; THENCE WESTERLY ALONG SAID SOUTHERLY LINE 678 FEET TO THE TRUE POINT OF BEGINNING OF THE BOUNDARY OF THE LAND HEREIN DESCRIBED; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9, 228.00 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 4, 61 FEET; THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 9, 228.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 4; THENCE EASTERLY ALONG SAID SOUTHERLY LINE OF LOT 4, 61 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. 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 no special circumstances applicable to the property which do not apply to other property in the same vicinity and zone. 2. That strict application of the zoning code does not deprive the property of privileges enjoyed by other property in the same vicinity and zone. 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. -2- DNYG VAR. 83893 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 19th day of September, 1989. r-- ~e MptY F THE ATTEST: d~~ T2{I~IM JLW:db 3327L 092189 -3- DNYG VAR. 83893 CLERK 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. 89R-390 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 19th day of September, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Kaywood AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-390 on the 22nd day of September, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of September, 1989. ~ ?( 9-R- 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. 89R-390 duly passed and adopted by the Anaheim City Council on September 19, 1989. ~---7[ ~ CITY CLERK OF THE CITY OF ANAHEIM