84R-326
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RESOLUTION NO. 84R-326
A RESOLUT~ON OF THE CITY COUNCIL OF THE CITY
OF ANAHEI~ GRANTING VARIANCE NO. 3397.
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WHEREAS,
BELIAKOFF, KATHLEEN
M. BOWMAN, owners,
pUblic hearing befo
Anaheim was held up
Variance No. 3397 w
property:
fter a request for variance by RICHARD JAMES
DIANNE BijLIAKOFF, WALTER K. BOWMAN AND ETHEL
nd STERLING CARLSON, agent, was received, a
e the Planning Commission of the City of
n due and proper notice, a result of which
s granted covering the following described
THE NORTH 180. 0 FEET OF THE EAST 60.00 FEET OF THE
WEST 390.00 FE T OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SEC ION 14, TOWNSHIP 4 SOUTH, RANGE 11
WEST, IN THE CHO LOS COYOTES, IN THE CITY OF
ANAHEIM, AS SH WN ON A MAP RECORDED IN BOOK 51, PAGE
11 OF MISCEL EOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
EXCEPTING THER~FROM, THB EASTERLY 10.00 FEET.
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THE NORTH ONE-mF OF THE NORTHEAST QUARTER OF THE
NORTHEAST QUAR IR OF THE SOUTHWEST QUARTER OF SECTION
14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN BERNARDINO
BASE AND MERID AN;
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EXCEPTING THER~FROM THE WEST 390 FEET THEREOF;
ALSO EXCEPTING I THEREFROM THE EASTERLY 172 FEET
THEREOF; and .
WHEREAS, :'hereafter, within the time prescribed by law,
an interested party or the City Council, on its own motion, caused
the review of said lanning Commission action at a public hearing
noticed and held as !prescribed by law and, as a result thereof, the
City Council does h~reby make the following findings:
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1. That ther~ are special circumstances applicable to the
property, including!size, shape, topography, location or
surroundings, whichido not apply to other property under identical
zoning classificati~n in the vicinity.
2. That, beCiuse of special circumstances shown in (1)
above, strict appli ation of the zoning code deprives the property
of privileges enjoy d by other property under identical zoning
classification in t.e vicinity.
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NOW, THE~FORE, BE IT RESOLVED by the City Council of the
City of Anaheim tha~ a conditional zoning variance be, and the same
is hereby, granted ~ermitting a 21-unit apartment complex on the
property hereinbefo~e described with waivers of the following
sections of the Ana~eim Municipal Code:
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(a) SECTION 1~.34.062.Q12 - Maximum structural height.
(1 story permitted within
150 feet of a single-family
residential zoning; 3
stories proposed at 85-104
feet)
(b) .043.102 - Maximum fence height.
.068.021 (6 feet permitted; 7
feet pr~posed)
That said variance ~e granted subject to the following conditions:
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1.
That prior to ~ssuance of a building permit, appropriate park
and recreation iin-lieu fees shall be paid to the City of
Anaheim in an ~mount as determined by the City Council.
2.
That prior to ~ssuance of a building permit, the appropriate
traffic signal [assessment fee shall be paid to the City of
Anaheim in an ~mount as determined by the City Council for
each new dwell~ng unit.
3.
That all drive~ays shall be designed as required by the City
Traffic Engine~r.
4.
That drainage qf subject property shall be disposed of in a
manner satisfaqtory to the City Engineer.
That subject puoperty shall be served by underground utilities.
That prior to qommencement of structural framing, fire
hydrants shall joe installed and charged as required and
determined to ~e necessary by the Chief of the Fire Department.
5.
6.
7.
That trash sto~age areas shall be provided in accordance with
approved plans Jon file with the Street Maintenance and
Sanitation Division.
8.
That prior to ~ssuance of a building permit, primary water
main fees shal~ be paid to the City of Anaheim, in an amount
as determined ~y the Office of the Utilities General Manager.
9.
That prior to ~ssuance of building permits, the applicant
shall present ~vidence satisfactory to the Chief Building
Inspector that the proposed project is in conformance with
Council Policy Number 542 "Sound Attenuation in Residential
Projects".
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10. That a 6-foot ~igh masonry block wall shall be constructed
along the west~rly, southerly and easterly property line(s)
with the excep~ion of the southerly 117 feet of the westerly
property line Which shall be developed with a 7-foot high
masonry block ~all, if approved by Variance No. 3397. If not
approved, a 6-foot wall shall be constructed in place of said
7-foot wall.
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11.
12.
13.
14.
15.
16.
That this Vari~nce is granted subject to the completion of
Reclassificatidn No. 83-84-28, now pending.
That gates sha~l not be installed across any driveway or
private street [in a manner which may adversely affect
vehicular traf~ic in the adjacent public street. Installation
of any gates w~thin a distance of forty (40) feet from said
public street ~ight-of-way shall be subject to the review and
approval of th~ City Traffic Engineer.
That prior to ~ssuance of a building permit, an on-site
vehicular circ~lation plan shall be submitted to and approved
by the Fire Ma~shall, City Traffic Engineer and the Streets
and Sanitation jDepartment.
That subject p~operty shall be developed substantially in
accordance wit~ plans and specifications on file with the City
of Anaheim mar~ed Exhibit Nos. 1 and 2.
That prior to ~he commencement of the activity authorized
under this resqlution, or prior to the time that a building
permit is issu~d, or within a period of one year from the date
of this resolu~ion, whichever occurs first, Condition Nos. 1,
2, 8, 9, 11, arid 13 above-mentioned, shall be complied with.
Extensions for ifurther time to complete said conditions may be
granted in accqrdance with Section 18.03.090 of the Anaheim
Municipal Code.
That prior to ~inal building and zoning inspections, Condition
Nos. 3, 4, 5, 7, 10, and 14, above-mentioned, shall be
complied with.
BE IT FUR1HER RESOLVED that the City Council of the City
of Anaheim does her~bY find and determine that adoption of this
Resolution is expre~$ly predicated upon applicant's compliance with
each and all of the conditions hereinabove set forth. Should any
such condition, or 4ny part thereof, be declared invalid or
unenforceable by th~ final judgment of any court of competent
jurisdiction, then ~his Resolution, and any approvals herein
contained, shall be deemed null and void.
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THE FOREGQING RESOLUTION is approved and adopted by the
City Council of the 'City of Anaheim this 21st day of August, 1984.
MAYO~~
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ATTEST:
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CITY CLERK OF THE C~TY OF ANAHEIM
1692U
10/31/84
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STAtE OF C4LIFOUIA )
COUlfTY OF ORANGE ) 8S.
CITY 0'1 ANAHEIM )
I, LE.~ N. SOBL, Ci-tY>Cler' ~ of the Cllty of Anaheim, do hereby certify that
tbe-f....dtng R4lOlutiofi No.$4.i-326 wa~ introduced and adopted at a regular
meeti. provided by law, of ~e City C~ncil of the City of Anaheim held on
the 218t day of August, 1984~ by the fo~lowing vote of the members thereof:
AYES: COUNCIL MEMBERS: Bay, Overholt, Pickler and Roth
NOES : COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that t~, Mayor of the City of Anaheim signed said
Resolution No. 84R-326 on th~ 21st day of August, 1984.
IN WITlfESS WHEREOF, I have h,teunto set my hand and affixed the seal of the
City of Anaheim this 21st dat of August., 1984.
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1M
(SEAL)
I, LEOIORA :tfr SOBI., City clet~ of the qlty of Anaheim, do hereby certify that
the f~8G1.n.j is the origina 'of Resolu~ion No. 84R-326 duly passed and
adopt. b1. the Auheim City ouncil on August 21, 1984.
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