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84R-114 RESOLUTION NO. 84R-l14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 3372. "'........ WHEREAS, after a request for variance by MARION VESEY, owner, and EDWARD MOBER, agent, to construct an outdoor patio enclosure with a waiver of certain requirements 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. 3372 was denied covering the following described property: PARCEL 1 THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51 PAGE lO OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO DAVID RAGIN AND WIFE, RECORDED MARCH 7, 1951 IN BOOK 2154 PAGE 306, OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, SAID POINT BEING ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION, SOUTH OF 00 14' 30" EAST 889.26 FEET FROM THE CENTER OF SAID SECTION, SAID CENTER BEING THE INTERSECTION OF THE CENTER LINE OF CERRITOS AVENUE FROM THE WEST WITH THE NORTH AND SOUTH QUARTER SECTION LINE OF SAID SECTION; THENCE NORTH 890 55' 30" EAST ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID DEED TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 00 14' 45" EAST ALONG SAID EAST LINE TO THE SOUTHEAST CORNER OF LAND DESCRIBED IN DEED TO PHILLIP DANIELS AND WIFE, RECORDED JUNE 27, 1941 IN BOOK 1097 PAGE 432, OFFICIAL RECORDS; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LAND OF PHILLIP DANIELS TO SAID WEST LINE; THENCE NORTH 00 l4' 30" WEST TO THE POINT OF BEGINNING. PARCEL 2: THE NORTH 8l.00 FEET OF THE SOUTH 256.00 FEET OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARtER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE lO WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5l PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID 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 with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than off-street parking requirements: 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. AND WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s) of off-street parking requirements, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present and that the aforesaid waiver(s) should be denied for the following reasons: 1. That the variance(s) will cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of- the citizens of the City of Anaheim. 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, pursuant to City Council Resolution No. 79R-524, the time within which judicial review of the herein decision must be sought is governed by Section 1094.6 of the Code of Civil Procedure. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of March, 1984. MAA:~~ ATTEST: ~Ji:t:i ~EIM JLW:fm 2396M 4/16/84 -2- STATE OF CALIRENIA ) COUNIY OF ORAt{;E ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 84R-ll4 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of March, 1984, by the following vote of the members thereof: AYES: C(){N;!L MEMBERS: Kaywood, Bay, Overholt, Pickler and Roth NOES: CX>UN::IL MEMBERS: None -, ABSENT: CXXH:;!L MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 84R-l14 on the 20th day of March, 1984. IN WI'lNESS WHEREDF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of Marm, 1984. C~~ (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing 1$ the original of Resolution No. 84R-l14 duly passed and adopted by the Anaheim City Council on March 20, 1984. ~~ifF~ - """""'':'.-