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78-596 r ~ RESOLUTION NO. 78R-596 A RESOtUTION OF THE CITY COUNCIL OF THE CITY OF ANAUIM GRANTING VARIANCE NO. 3037, IN PART. /~. ,.-.., WHEREA$.after a request for variance by TIMOTHY JAY and MAROLYN ~. MILLER, owners, was received, a public hearing beforet~~ Planning Commission of the City of Anaheim was held upon du. and proper notice as a result of which Variance No. 303t was granted, in part, covering the following described proper~y: Lot 5 of Tr.ct No. 8949, in the City of Anaheim, County of Orange, Sta.te of California, as per map recorded in: 'book 381, pages 38, 39 and 40 .of Miscellaneo,a Maps, in the office of the County Recorder of'~aid County. WHERE:!' thereafter, within the time pres.cribed by law an intereste "party or the City Council on its own motion caused the revie 'of said Planning Commission action at a public hearing nt' ~1ced and held as prescribed bylaw and as a result thereof te City Council does hereby make the following findings: 1. That t~re are special circumstances applicable to the pr,perty, including size, ,shape, topography, locat14>hor surroundings, which do not apply to other ~roperty under identical zoning classifica- tion i, the vicinity. 2. That,~~cause of special circumstances shown in (1) abt>\Te, strict application of the zoning code depri v+s the property of privileges. enj oyed by other property under identical zoning classifica- tion ii'1 the vicinity. NOW, TnEREFORE, BE IT RESOLVED by the C~ty Coune~l of the City of ~~helm, that a conditional zoning variance be, and the same is bereby, granted permitting the construction of a tennis court and accessory structures on the property here- inbefore describtd with a waiver of the following section of the Anahe~ Municipal Code: SECTIOt!; 18.22.063.010 - Minimum structural setback. (15 feet required; 4, 5 and 10 feet proposed) That said variance be granted sUbject to the following condition: -1- t I ",....." -., ~ That subject property shall be developed substan- tially in accordance with plans and specifications on file with tht!City of Anaheim marked Exhibit No. 1, provided, hpwever, that no structures other than the tennis court, .chainlink fencing and greenhouse shall be located in the 15-footsetback areas adjacent to the property lines. BE IT FURTHER RESOLVED that the City .Council her.eby reserves therigptto revoke such variance permit for good cause or failure: of said owners, their heirs, successors or assigns to complY with the Anaheim Municipal Code and regul. a- tions and the conditions herein. Said variance is granted for the term pre~icribed by the Anaheim Municipal Code unless otherwise speciflad herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council 'of the City of Anaheim this 12th day of September, 1978. ATTEST: JLW:jh ~. -2- t, - .--.. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF AHAHEIM ) ~ of t I, LlIlDAD. IOBER.TS," City. Cr4adcPf . the' City" of Anaheim, do henby certify that the forego. iDg . Resci~U. d. on No:'. 78R-596 was intr~.t1ced an. d. 'adopt. ad '. a~. a . regUla. r. meetiag providet1 by law, of the City cPuncil of the City of Anahe~m,held on the 12th day of September" .978., by the following vote .ofthe members, thereof: , . , AYES: COUNCIL MEMBERS: !pverholt, Kaywood, Kott, Roth and Seymour NOES: COUNCIL ME:MBERS:' 'one ABSENT: COUNCIL MEMBERS: 'one AND I.....,FYIlTHER. cBRnFY t.h.at .p..e Ms. yor .of the City of Anaheim signed said Res()l.t.ti~ ~~,.. . Z8,~"'2~6..o~. t,~ 12!:h day of September, 1978. IN WItNESS WHEREOF , I have ijereunto set my hand and affixed the seal of the Ci ty of Anaheim this 12 th d4Y ,of Septe1Dber, 1978,. .~2~~lZZ: CITY.' ,o'F-m1' - -1 'AN'!lmnC' (SEAL) I, LINDA D. ROBERTS, City C~erk of the City of Anaheim, do hereby certify that the foregoing is the origin~l of Resolution No. 78R-596 duly passed and adopted by the Anaheim City Counci1'on September 12,1978. ~) IJ.~ TY CLERK )