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86R-307 RESOLUTION NO. 86R-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3564. WHEREAS. after a request for variance by LIC. INC., 431 West Seventh Street. Los Angeles. California 90014, ATTN: JOHN HATHWAY, owner, and LAURI BURKE. 15641 Product Lane, iA12, Huntington Beach, California 92649. agent. 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. 3564 was denied covering the following described property: PARCEL 1: ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 4 SOUTH. RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA. IN THE CITY OF ANAHEIM, COUNTY OF ORANGE. STATE OF CALIFORNIA. AS PER MAP RECORDED IN BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23. 288.34 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER THENCE SOUTH 450 WEST 722.10 FEET TO A POINT OF THE CENTER LINE OF THE STATE HIGHWAY AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED RECORDED JULY 10. 1914 IN BOOK 258 PAGE 66 OF DEEDS THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE HIGHWAY 498.5 FEET TO A POINT 125 FEET SOUTH OF A POINT 198 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23. THENCE NORTH 125 FEET TO THE NORTH LINE OF SAID SOUTHWEST QUARTER THENCE EAST 833.66 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE RIGHT-OF-WAY FOR A RAILROAD AS CONVEYED TO THE PACIFIC IMPROVEMENT COMPANY. A CORPORATION. BY DEED RECORDED JUNE 26, 1888 IN BOOK 461 PAGE 21 OF DEEDS. RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. ALSO EXCEPT THEREFROM THAT PORTION OF SAID LAND AS CONVEYED TO LOUIS W. BAGGOTT AND WIFE BY DEED RECORDED OCTOBER 9. 1926 IN BOOK 684 PAGE 8 OF DEEDS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF THE CENTER LINE OF THE STATE HIGHWAY AS IT EXISTED ON OCTOBER 9. 1926 WITH THE SOUTHEASTERLY LINE OF THE TRACT OF LAND FORMERLY OWNED BY ALVA E. HARGROVE AND ELIZABETH HARGROVE, SAID POINT BEING SOUTH 450 WEST 722.10 FEET FROM A POINT 288.34 FEET WEST OF THE NORTHEAST CORNER -1- ~'"~""-'-,,,,,,~ OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23 THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF THE STATE HIGHWAY 211 FEET THENCE NORTH 450 EAST 257.75 FEET THENCE SOUTHEASTERLY 211 FEET, MORE OR LESS. TO A POINT IN SAID SOUTHEASTERLY LINE OF THE LAND OWNED BY HARGROVE 273,5 FEET NORTH 450 EAST OF THE POINT OF BEGINNING. THENCE SOUTH 450 WEST 273.5 FEET ALONG SAID LINE TO THE POINT OF BEGINNING. ALSO EXCEPT THEREFROM THAT PORTION AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA. RECORDED NOVEMBER 9. 1964 IN BOOK 7293 PAGE 770 OF OFFICIAL RECORDS. PARCEL 2: ALL THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 23. TOWNSHIP 4 SOUTH. RANGE 10 WEST. S.B.B. & M.. DESCRIBED AS FOLLOWS: A STRIP OF LAND 50 FEET WIDE IN SAID SECTION 23. BEING THAT PORTION OF THE 50 FOOT STRIP OF LAND DESCRIBED IN THE DEED FROM PACIFIC IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY DATED MAY 28, 1889, RECORDED JUNE 27. 1889 IN BOOK 570 PAGE 288 OF DEEDS. RECORDS OF LOS ANGELES COUNTY. CALIFORNIA. BOUNDED AS FOLLOWS: ON THE WEST BY THE CENTER LINE OF THE CALIFORNIA STATE HIGHWAY (ROUTE VI I-ORA--2-D) AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED JULY 10, 1914 IN BOOK 258 PAGE 66 OF DEEDS. BEING A CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 800 FEET AND AN ARC LENGTH OF 567.23 FEET, AS SHOWN ON A MAP FILED IN THE STATE HIGHWAY MAP BOOK NO.1. PAGE 72-A. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CALIFORNIA AND BOUNDED ON THE EAST BY THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 23. PARCEL 3: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23. 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 10 OF MISCELLANEOUS MAPS. RECORDS OF SAID COUNTY, LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN DEED TO ALVA E. HARGROVE AND WIFE. RECORDED SEPTEMBER 22, 1943 IN BOOK 1206 PAGE 528 OF OFFICIAL RECORDS 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: -2- ~'~-""'--""""'-~-""----"~"'---"~'''-'-''''''--~----"._'- l. That there are special circumstances applicable to the property. including size. shape. topography. location or surroundings. which do not apply to other property under identical zoning classification in the vicinity; and 2. That. because of special circumstances shown in (1) above. strict application of the zoning code deprives the property of privileges 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 to permit construction of an additional freestanding monument-type sign on the property hereinbefore described with waivers of the fOllowing sections of the Anaheim Municipal Code: SECTIONS 18.05.093.021. 18.05.098.011 AND 18. 61. 067 Maximum number of free- standing signs. (one per- mitted; two proposed) SECTIONS 18.05.098.011. 18.05.093.025 AND 18.05.093.0251 Minimum ground clearance of freestanding sign. (deleted) That said variance be granted subject to the following condition: That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1. 2 and 3. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's 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 Resolution. and any approvals herein contained. shall be deemed null and void. City THE FOREGOING RESOLUTION is approved and adopted by the Council of the City of Anaheim this ~ day of July. 1986. ~4<:Z: ~ MAYOR OF THE CITY OF ANAHEIM ATTEST: ~1II ~CITY CLERK OF JWF : fm 5615M 080186 -3- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 86R-307 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of July, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood and Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 86R-307 on the 8th day of July, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of July, 1986. , ~7# ~.CITY CLERK OF THE (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 86R-307 duly passed and adopted by the Anaheim City Council on July 8, 1986. ~;lr.~ ~. CITY CL