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RES-1989-091 RESOLUTION NO. 89R-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3884. WHEREAS, after a request for variance by Thomas P. Morger and Janice Morger, 2865 W. Lincoln Avenue, Anaheim, CA 92801, owners, and C.H.M.M. Corporation, P.O. Box 487, Atwood, CA 92601, agent, to permit a 2- and 3-story, 18 unit apartment complex with waivers of certain provisions of the Anaheim Municipal Code 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. 3884 was granted covering the following described property: PARCEL 1: THAT PORTION OF THE SOUTH HALF OR THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF, THENCE SOUTH 0 DEGREES 42 MINUTES 47 SECONDS EAST 200.00 FEET ALONG THE WEST LINE OF SAID SOUTH HALF TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 89 DEGREES 38 MINUTES 07 SECONDS EAST 300 00 FEET PARALLEL TO THE NORTH LINE OF SAID SOUTH HALF, THENCE NORTH 0 DEGREES 42 MINUTES 47 SECONDS WEST 200.00 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF 10 THE NORTH LINE OF SAID SOUTH HALF, THENCE SOUTH 87 DEGREES 38 MINUTES 07 SECONDS EAST, 450.00 FEET ALONG SAID NORTH LINE, THENCE SOUTH 87 DEGREES 38 MINUTES 07 SECONDS EAST, 450.00 FEET ALONG SAID NORTH LINE, THENCE SOUTH 0 DEGREES 42 MINUTES 47 SECONDS EAST, 439.02 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO A LINE PARALLEL WITH AND DISTANT 221.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 27, THENCE NORTH 09 DEGREES 38 MINUTES 14 SECONDS WEST, 450.00 FEET ALONG SAID PARALLEL LINE, THENCE NORTH 0 DEGREES 42 MINUTES 47 SECONDS WEST 200.04 FEET PARALLEL TO THE WEST LINE OF SAID SOUTH HALF TO A LINE PARALLEL WITH AND DISTANT 239.00 FEET, MEASURED AT RIGHT ANGLES SOUTHERLY FROM THE NORTH LINE OF SAID SOUTH HALF, THENCE NORTH 89 DEGREES 38 MINUTES 07 SECONDS WEST 300.00 FEET ALONG SAID PARALLEL LINE TO THE WEST LINE OF SAID SOUTH HALF, THENCE NORTH 0 DEGREES 42 MINUTES 47 SECONDS WEST 39.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THE EAST 450.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN ,JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 AS PER MAP RECORDED, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF A LINE PARALLEL WITH AND DISTANT 221.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY FROM THE SOUTH LINE OF SAID SOUTH HALF WITH THE WEST LINE OF LOT 24 OF TRACT NO. 5127, AS PER MAP RECORDED IN BOOK 94 PAGES 48 AND 49 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THENCE ALONG SAID PARALLEL LINE, NORTH 09 DEGREES 38 MINUTES 14 SECONDS WEST 679.77 FEET TO AN INTERSECTION WITH THAT CERTAIN CURVE IN THE NORTH LINE OF WILKEN WAY NEAR THE NORTHEAST CORNER OF SAID WILKEN WAY AND HARBOR BOULEVARD AS SHOWN ON SAID MAP OF TRACT NO. 3127, SAID CURVE BEING CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 15.00 FEET, A RADIAL LINE TO SAID CURVE AT SAID INTERSECTION HAVING A BEARING OF SOUTH 21 DEGREES 24 MINUTES 08 SECONDS WEST, THENCE EASTERLY 5.51 FEET ALONG SAID CURVE TO THE EASTERLY TERMINUS THEREOF, THENCE EASTERLY 675.98 FEET ALONG THE VARIOUS COURSES IN THE NORTHERLY LINES OF WILKEN WAY AS SHOWN ON SAID MAP OF TRACT NO. 3127, TO THE SOUTHWEST CORNER OF SAID LOT 24, THENCE NORTH 0 DEGREES 42 MINUTES 4? SECONDS WEST, 9.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 3: THE EAST 100.00 FEET OF THE NORTH 200.00 FEET OF THE WEST 300.00 FEET OF THAT PORTION OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, PARTLY IN THE RANCHO LAS BOLSAS AND PARTLY IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, THENCE SOUTH 89 DEGREES 38 MINUTES 07 SECONDS EAST, 371.29 FEET ALONG THE NORTH LINE OF SAID SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, THENCE SOUTH 0 DEGREES 42 MINUTES 47 SECONDS EAST, 500.02 FEET ALONG A LINE PARALLEL 10 THE WEST LINE OF SAID SOUTHEAST QUARTER OF -2- Variance 3884 SECTION 27 TO A LINE PARALLEL WITH AND DISTANT 160.00 FEET MEASURED AT RIGHT ANGLES NORTHERLY OF THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 27, THENCE NORTH 89 DEGREES 38 MINUTES 14 SECONDS WEST, 871.29 FEET ALONG SAID PARALLEL LINE TO SAID WEST LINE OF SOUTHEAST QUARTER OF SECTION 27, THENCE NORTH 0 DEGREES 42 MINUTES 47 SECONDS WEST, 500.05 FEET ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 27 TO THE POINT OF BEGINNING; 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 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. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 21st day of March, 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:dg 2992L 032389 -3- Variance 3884 GLEKK 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-91 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 March, 1989, by the following vote of the members thereof: AYES' COUNCIL MEMBERS' Daly, Ehrle, Pickler, Kaywood and Hunter NOES' COUNCIL MEMBERS' None ABSENT: COUNCIL MEMBERS' None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 89R-91 on the 29th day of March, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 29th day of March, 1989. CI~Y-~LERK OF TH~ CITY OF ANAHEIM (SEAL) I, LEoNoRA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the fore~oi~g is the orisinal of Resolution No. 89R-91 duly passed and adopted by the Anaheim City Council on March 21, 1989. CITY CLERK OF THE CITY OF ANAHEIM~''-