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78-563 !'"'" I"'"". RESOLUTION NO. 78R-563 A RESOIt~.~. TION OF. THE CITY COUNCIL OF .T.HE CITY OF ANAUIM GRAN'JING VARIANCE NO. 3026. i~. --.,. WHEREA~.' after ~ request for variance by SPIERS E. and MARY C. WILS ~, HERMM{ H. FLUM and KENNETH D. HINSVARK, owners, was reeeted, a pq.blic hearing before the Planning Comm1ss:1on of thE('City of Anaheim was held upon due and proper noti.ce as '.. result of which Variance No. 3026 was denied, covering [the following described property: Lots 50, 5l14nd 52 of Tract 2180, as shown on a Map recorde~'in Book 62, pages 31 and 32 of Miscellane04Q Maps, ~ecords of Orange County, California. . WHEREA~. thereafter,w1thin the time prescribe.d by lawaninterestect !.party or the City Council on its own motion caused the reV1et4'of said Planning Commission action ata public hearing n~lced and held as prescribed by law and as a result thereof t~ City Council does hereby make the following findings: 1. That t~re are ~ecial circumstances applicable to the p~erty, i~cluding size, shape,topography, locatiqn or sur~oundings, which do not apply to other pjrtoperty \U1der identical zoning class:1fica- tion in the vic~nity. 2. That, ~cause of spec.ial circumstances shown in (1) ab~e, strict application of the zoning code depri v. the prqperty of privileges enjoyed by other ~operty Under identical zoning classifica- tion inthevic~ity. NOW, T~REFORE,BE IT RESOLVED by the City Council of the City of A~heim, that a conditional zoning variance be, and the same bis hereby, granted, pernd.ttingtheconstruc- tion of a conven~ncesto~on the property hereinbefore described with wattvertsof thef'ollowing sections of' the Anaheim Municipal Code: SECTION} ilH.44.0612.01l - Maximum structural height. . . (8.5 feet permitted; 10 feet proposed) SECTIONI ~18.44. 06;4.010 - Minimum landscaped area. (3 feet required adjacent to street right-of-way; 2 feet proposed) -1- ~ .~ That said variance be granted subject to the following conditions: 1. T~tth1s Variance is granted subject to the completion of Re~tLassifica.tion No. 78-79-3, now pending. 2. TPatsubject property shall be developed sub- stantially in ac~brdance1fith plans and specifications on file with the City of' Anaheim marked Exhibit Nos. land 2. BE IT~URTHER RESOLVED that the City Council hereby reserves therig~~ to rev4>kesuch variance permit for good cause or failure;pf said ~wners,their heirs,successors or assigns to COIRPlt; withth, Anaheim Municipal Co.deand regula- tlonsand thecoditions herein. Said variance is granted for the term prescri ~d by the Anaheim Municipal Codeimless other- wisespecifled h.:rein. THE FO~GOING RiSOLUTION is approved and adopted by the City Council Of theC1ty of Anaheim this 29th day of August, 1978. /~. ATTEST: JLW: j h l~' l\ M -2- .,- ~ STATE OF CALIFOINIA ) COUNTY OF ORANG! . ) ss. CITY OF,ANAHEIM ) I, L. DID....' A D.' . ROB,.IR.. TS." ,.City C~..ia....... rk.,o f......t.h. iji.,.. C.it.Y'.Of. An.' ah..eu.,. ". d.O..,he,f.e..ity.,. .c...e.rtif. Y. that the \ox-:egoing ReSOlution, }JOt 78R"'563 . i1;ltroducedand . adQp.te~ "fit. a . regular meetiag prov;ided by. law, of, the Ci~ . uncil .of the City ,of A1)ah.eimhe1d on the ~th day of~Auaust, 197~. by.the . 11awin,gvote .of th~memPers thereof: ., ;i AYES: COUNCIL MEMBERS: Overholt, Xaywood; Kott, Roth and Seymour NOES: COONCI!" ~ERS: Ifeme ABSENT: COUNCIL MEMBERS: feme AND I FURTHER CERTIFY that "-e Mayor olf the City of Anaheiin signed said Resolution 'Wo. 78R-563' on4~ 29th day of August, 1978. ' lJo.-t IN WIINES'SWHERJIOF, I haveiereunto selt my hand and affixed the seal of the City of Anaheim this 29th ~y of Auguslt, 1978. CI~i~;~~i~1t~C~_ (SEAL) I, LINDA D. ROBERTS, City q:Lerk of th~ City of Anaheim, do he-reby certify that the foregoing is the origiqa1 of Resolution No. 78R-563 duly passed and adopted by the Anaheim City Council! on August 29, 1978. ~!f3{&1Z C CLERK ~ , "