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71R-191 ~ RESOLU'rIOI-I iJO. 71R-191 A RESOLUTION OF THE CITY COUNCIL OF THE Clrry OF Al"1i\HEI~'.1 GRAlJTI:-JG VARIIlNCE NO. 2237, IiJ PART. ~~IEREAS, after a request for variance by CHARLES and ERMA FRANK and CHARLES and FREDIE KOHLENBERGER, OWNERS; H.M.S. AIR CONDITIONING CORP., AGENT, was received, a public hearing before the Planning COmmission of the City of Anaheim was held upon due and proper notice as a result of which Variance No. 2237 was denied covering the following described property: Parcel A. The ~ortherly 120 feet 'measured along the Westerly line' of that portion of Lot 4 of South Placentia Tract No.2, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 5, page 42 of Ivliscellaneous l.1aps, in the Office of the ~ounty Recorder of said County described as follows: tleginning at the Southwest corner of said Lot 4; thence Northerly 59a.25 feet along the West line of said Lot; thence Easterly parallel with the North line of said lot to a point which is distant 340.00 feet Easterly, measured along said parallel line and the extension thereof, from the center line of Cypress Avenue; thence Southerly parallel wi tll the lilest line of said Lot 4 to the Southeasterly line of said lot; thence Southwesterly along said Southeasterly line to the South line of said loti thence Westerly 85.90 feet along said South line to the point of beginning. Excepting therefrom that portion lying Westerly of a line parallel with the Easterly 215.00 feet from said center line of Cypress Avenue. Parcel B. - The Northerly 200.00 feet of that portion of Lot 4 of Soutll Placentia 'llract iJo. 2, in ~"-le City of Anaheim, County of Orange, State of California, as per map recorded in Book 5, page 42 of Uiscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Seginning at a point in the ~orth line of the parcel of ~and described in Parcel 1 of the Deed to W. L. Norris and wife, recorded April 12, 1940, in Book 1039, page 285 of Official Records, distant thereon 340 fee~ Easterly from the intersection of said line, or the extension thereof, with the center line of Cypress Avenue; thence Easterly along said North line 105 feet; thence Southerly parallel with the West line of said Lot 4, to the Southeasterly line of said parcel of land conveyed to Norris; thence Southwesterly along said Southeasterly line to a line extending Southerly, parallel wi th the Iiest line of said Lot 4 from the point of beginning; thence Northerly along said parallel line to the point of beginning. -1- ~ :,..... ........... .....-..,. .- ~~....-...-...~~~." -.......-.. ....~...,..... ...;"'''lIIIIo4t'l'lft' ~~"- WflliIlliAS, 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 m~(e the following findings: 1. 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 classifica- tion in the vicinity. 2. That, because of special circumstances shown in (1) above: strict application of the zoning code deprives the property of privileges enjoyed by oOler property under identical zoning classifica- tion in tile vicinity. L~OW, rl'Hl:;REFORE 1 BE I'll RESOLVED by the City Council of the City of lUlaheiru, that a conditional zoning variance be, and the s~ae is hereby granted, in part, permitting the establishment of a two-story, 28-unit apartment complex on the property herein- before described with waivers of the following section of the ~~nahei~n IvIunicipal Code: SECTION 18.32.050(2) i~linirnwn building si te area per dwelling unit (1200 square feet required; 1130 square feet pro- posed) ~hat sa~d variance be granted, in part, subject to tl~e fallowing conditions: 1. That this variance is granted subject to the comple- tion of Reclassification No. 70-71-35. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of An~~eiD marked Exhibits Nos. 1, 2, 3 and 4; provided, however, that a maximum of 28 dwelling units shall be developed on the site rather than the 30 units originally requested. B~ IT FURTHErt RESOLVED Blat the City Council hereby reserves the right to revoke such variance permit for good cause or failure of said o\~ners, their heirs, successors or assigns to comply wi th the .Anaheiru Ivlunicipal Code and regulations and tile conditions herein. Said variance is granted, in part, for ti~e term prescribed by the Anaheim Municipal Code unless other- wise specified herein. IrliE FOREGOING RESOLUTIOH is approved and signed by me tl1.is 18th day of i:;lay, 1971. ""..-"" .' ~: F ( 7J'7.. _"~ G..-t-ti ....u ~~ 7"~\rIL,,- ~m~ R OF THE CITybOF ANAHEIM AflUfEST: DENE M. DAOUST, CITY CLERK . J By {.U~il..~ ))7. ~ ~2..'1-'~'-:r,-~4/./ Deputy CITY CLERK OF THE CITY OF Al~AHEIM -2- [.VP H : IUS .....--...... ..~_.............................- -.-........-. ..,::'~......:..,.....~ ....~........a...~ S~ATE 0F CALIFOIU~IA ) COUNI'Y OF ORAJ.~GE ) SS . CITY OF ANAHEIM ) I 1 DEi.~'E I~i. Dl\OUST, Ci ty Clerk of the Ci ty of Anaheinl, ~o ~lereDY certify that th.e foregoing Resolution No. 71R-191 was passed and adopted at a ---..--- regular meeting of the Ci ty Council held on the ltith-' day of -~~______, 197]'_, by the following "'Jote of the rnembers thereof: L'\Y ~s ; COU~CILME~; Roth, Stephenson, Pebley, Thorn and Dutton COUNCIL~4EN ~ ..ione ~.:JO~S ; ABSBI-J'r ~ COU~>lCILME:t,~ ~ None ill~D I FURTdLR C~RTIFY that the Mayor of the City of Anaheim approvea and signed said resolution on the .~~th day of _May______, 192L. If'~' ~vltrH:C:SS ~'JliERi~OF, I have hereunto set my hand and affixed ~~c seal of the City of An&leim this ~8th day of May , 1971 . DENE M. DAOUST, CITY CLERK ~By (~)!.~7'l-~ )?7.. ~a..--l~.~_'peputy CITY CLERK OF THE CITY OF ANMIEIM ( S ....:~~~L ) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 71R-191 duly passed and adopted by the Anaheim City Council on May 18, 1971. DENE M. DAOUST, CITY CLERK B-v /~ '-. 0;:)1 (:~~/'t...~ )~l. ~ ~.~ Deputy AeM-JO-'ll{61H 6u1uoZ 6u1PT1ns: ..,. ..--=...-.~:..tWF..-~r-'. .~~ ".:. ._~..~...- .........-......... ,':;I~.."..."'''''''''''''''''''''''''''''''''''''''''''''~~IIIk.~...""""""""",_",.