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RES-1989-224 RESOLUTION NO. 89R-224 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3812. (REHEARING) WHEREAS, after a request for variance by ALDIMAD JILANEHI AND PARVANEH JILANEHI, 2037 Port Bristol, Newport Beach, CA 92660, owners, to construct a 2-story, 3-unit condominium project, 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. 381Z was denied covering the following described property: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 82 OF TRACT NO. 1356, AS PER MAP RECORDED IN BOOK 46, PAGES 25 TO 27 INCLUSIVE, OF MISCELLANEOUS MAP IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE SOUTH 74 DEGREES 15 MINUTES 25 SECONDS WEST, ALONG THE NORTHERLY LINE OF WILHELMINA STREET AS THE WESTERLY LINE OF LOT 1; THENCE NORTHERLY ALONG SAID WEST LINE 85 FEET TO THE NORTHWEST CORNER OF THE LAND CONVEYED TO JOSEPH TUMA AND WIFE RECORDED NOVEMBER 24, 1948, IN BOOK 1764, PAGE 65 OF OFFICIAL RECORDS, SAID ORANGE COUNTY: THENCE NORTH 73 DEGREES 55 MINUTES 20 SECONDS EAST 270.81 FEET TO THE WESTERLY LINE OF LOT 81 OF SAID TRACT NO. 13S6; THEN SOUTH 15 DEGREES Z2 MINUTES 30 SECONDS EAST ALONG THE WESTERLY LINE OF LOTS 81 AND 82, 86.58 FEET 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 since this property does not differ significantly in size, shape, topography or other circumstances from 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 since the property can be developed at a lower density without such variances. 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 6th day of June , 1989. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW-db 3018L 041289 -2- 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-224 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of June, 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 ~JRTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 89R-224 on the 20th day of June, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of June, 1989. 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-224 duly passed and adopted by the Anaheim City Council on June 6, 1989. CITY CLERK OF THE CITY OF ANAHEIM