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70R-536 RESOLUTION NO. 70R-536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2212 IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Walter Fluegge, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows : The West half of the southwest quarter of the southeast quarter of Section 20, Township 4 South, Range 10 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the County Recorder of said County. Except the southerly rectangular 8-1/2 acres of the west half of the southwest quarter of the southeast quarter of said Section 20. Also except that portion thereof described as follows: Beginning at a point on the westerly line of the south- east quarter of said Section 20, 558.45 feet northerly from the southwesterly corner of said southeast quarter, said point being also the northwesterly corner of the southerly rectangular 8-1/2 acres of said west half; thence easterly along the northerly line of said 8-1/2 acres, 293.00 feet; thence northerly parallel with the westerly line of said southeast quarter 152.00 feet; thence westerly parallel with the northerly line of said 8-1/2 acres, 293.00 feet to a point in the westerly line of said south- east quarter; thence southerly along said westerly line to the point of beginning. Also except that portion thereof described as follows: Beginning at the northwesterly corner of the land described in the deed to Clarence M. Ellsworth Et Ux., recorded August 12, 1948, in book 1685 page 178, Official Records; said point being on the westerly line of said southeast quarter 152.00 feet northerly of the northwesterly corner of the southerly 8-1/2 acres of said west half; thence easterly along the northerly line of said Ellsworth land 233.00 feet; thence northerly parallel with the westerly line of said southeast quarter 222.00 feet; thence westerly parallel with the northerly line of said Ellsworth land 233.00 feet to the westerly line of said southeast quarter; thence southerly along said westerly line 222.00 feet to the point of beginning. Also except the northerly 30.00 feet of said land as granted to the Southern Pacific Railroad Company's right of way by deed recorded in Book 52, page 157 of Deeds and in book 44 page 263 of Deeds in the office of the County Recorder of said County. -1- AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on October 5, 1970, notice of which said public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said City Planning Commission, after due inspection, investigation and studies made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt Resolution No. PC 70-180, granting Variance No. 2212 in part subject to conditions; and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action taken by the City Planning Commission in granting said variance in part and did set a public hearing thereon to be held on the 5th day of October, 1970, at 1:30 o'clock P.M. in the city Hall in the City of Anaheim and notice of such public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, after due investigation and studies made by itself and in its behalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and determine that: 1. There are exceptional or extraordinary circum- stances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 2. That such a variance is necessary for the preser- vation and enjoYment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question. 3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. That the granting of such variance will not adversely affect the comprehensive general zoning plan. 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 the establishment of a 220- unit apartment complex on the property hereinbefore described with waivers of the following Anaheim Municipal Code requirements or limitations, and denying waiver liB" only: SECTION l8.28.050{5-b) Maximum building height within 150 feet of R-A Zone. (One story permitted; two-story proposed). SECTION l8.28.050(6-a) Minimum required landscaped setback. (15 feet required; 5 feet proposed). -2- SECTION l8.28.050{lO-c) Maximum distance from a dwelling unit to a garage. (200 feet maximum permitted; 240 feet pro- posed for 8 units). That said variance be granted, in part, subject to the following conditions: l. That this variance is granted subject to the completion of Reclassification No. 68-69-85, now pending. 2. That an 8-foot masonry wall shall be constructed along the north and east property lines of the R-A parcel (Fluegge property) adjacent to the south and west property lines of subject property, as stipulated to by the petitioner-developer. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. l, 2, and 3, subject to necessary modification of plans to comply with the requirement of the R-3 reclassification, pro- vided, however, that the south wall of the carports adjacent to the R-l property along the south property line shall be constructed of a slumpstone, as stipu- lated to by the petitioner. 4. That Conditions Nos. 2 and 3, above mentioned, shall be complied with prior to final building and zoning inspections. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGpING RESOLUTION is approved and signed by me this lOth day of November, 1970. ATTEST: () )(2t. '~LERi OF ~C~F ANAHEIM -3- FAL:kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) -- ss. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-5~6 was passed and adopted at a regular meeting of the City Counc1l held on the lOth day of Nov~er , 1970 , by the following vote of the members thereo : --- AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the lOth day of November , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this ~Oth day of November , 19...1JL . ~U=.. · C RK "F TH~~~AHEIM (SEAL) I, DENE M, WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-536 duly passed and adopted by the Anaheim City Council on November 10, 1970. JL)r. )~~~~ City Clerk -"