Loading...
80R-479 RESOLUTION NO. 80R -479 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3144. WHEREAS, after a request for variance by JAMES D. BAKER III and JON MARIE BAKER, owners, 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. 3144 was denied cover- ing the following described property: Lot 76 of Tract No. 8215, in the City of Anaheim, County of Orange, State of California as shown on a map filed in Book 332 Pages 23 -27 inclusive of miscellaneous maps, records of said county; except that portion lying southwesterly of the following described line: Beginning at the most Southerly corner of said lot 76 as shown on said map; thence North 33 22' 30" West 182.20 feet more or less to the Northerly line of said lot, being a non tangent curve concave North- westerly having a radius of 45.00 feet, to which a radial bears South 53° 51' 20" East; 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 surround- ings, 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 property of privi- leges enjoyed by other property under identical zoning classification in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby, granted permitting the construction of a single - family dwelling on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.26.065.010 Permitted location and orientation of structure. (residential structure required to rear on arter- ial highway; side -on orientation proposed) -1- That said variance be granted subject to the following conditions: 1. In the event that subject property is to be divided for the purpose of sale, lease, or financing, a parcel map, to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the office of the Orange County Recorder. 2. That all property located within the Southern California Edison Easement and including the 15 -foot wide setback adjacent to Canyon Rim Road shall be placed in the Master Homeowners' Associa- tion to guarantee slope maintenance. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1. 4. That Condition Nos. 2 and 3, above - mentioned, shall be complied with prior to final building and zoning inspections. 5. That the subject property shall be included in the Anaheim Hills Master Homeowners' Association. 6. That the design of the residence and all improvements on the subject property shall be subject to the review and approval of the City Planning Department. BE IT FURTHER RESOLVED that the City Council does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants' 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 jurisdiction, then this Resolu- tion, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to 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 regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of October, 1980. IP its / � �,•� ``I_ i�� TH 0 ANAHEIM ATTEST: It CLERK OF THE CITY OF ANAHEIM JLW:fm -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. 80R -479 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of October, 1980, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Overholt ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 80R -479 on the 28th day of October, 1980. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of October, 1980. CITY LERK OF THE TY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 80R -479 duly passed and adopted by the Anaheim City Council on October 28, 1980. ‘ CITY CLERK ,01m)