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83R-468 .- RESOLUTION NO. 83R-468 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3359. WHEREAS, after a request for variance by MAX ROGERS and JOYCE ROGERS, owners, and JOANNE S. ROCKS, agent, 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. 3359 was denied covering the fOllowing described property: LOT 3 OF TRACT NO. 8679, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED IN BOOK 353, PAGES 30, 31, AND 32 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; 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 are special circumstances applicable to the property, including size, shape, topography, location or sur- roundings, which do not apply to other property under identical zoning classification in the vicinity. 2. That, because of special circumstances shown in (1) above, strict application of the zoning code deprives the prop- erty of privileges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREPORE, BE IT RESOLVED .by tne City Council of the City of Anaheim that a conditional 20ning variance be, and the same is hereby, granted permitting an outdoor basketball backboard, hoop and pole within the required front yard setback on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.26.063.010 Minimum structural setback. (25 feet required in front yard; 0 feet existing) That said variance be granted subject to the following conditions: 1. That plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work. -,.,',,,..,,.......~._-'" - 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No.1, except that the backboard and pOle ("apparatus") shall be so oriented at all times to permit play in the private driveway area only and that no portion of the apparatus shall at any time be located or oriented to exist or overhang into the public right-or-way. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of sixty (60) days from the date of this resolution. 4. That no basketball play utilizing such apparatus shall be permitted by the owner of the subject property within the public right-of-way. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final jUdgment of any court of competent jur- iSdiction, then this Resolution, and any approvals herein con- tained, shall be dee~ed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anahei~:~~~~~Ml9~3. ATTEST: ~~ TY LERK OF HE 'tY OF ANAHEIM JLW: fm 1941M 1/12/84 c"""""" -2- -~~........,.._- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 83R-468 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 December, 1983, by the following vote of the members thereof: -" AYES: COUNCIL MEMBERS: Kaywood, Overholt and Roth NOES: COUNCIL MEMBERS: Bay ABSENT : COUNCIL MEMBERS: Pickler AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 83R-468 on the 6th day of December, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of December, 1983. ~1a~ (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing -is the original of Resolution No. 83R-468 duly passed and adopted by the Anaheim City Council on December 6, 1983. ~ J <.-/./).~ CITY CLE . -"