71R-497
RESOLUTION NO. 71R-497
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A RESOLUTION OF THE CITY COUNCIL OF Tfm CITY
OF ANAHEL~ GRANTING VARIANCE NO. 2300.
WHEREAS, after a request for variance by RICHARD G.
MAUS, Om~er; ANACAL ENGINEERING COMPANY, 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. 2300 was denied covering the following
described property:
That portion of Lot 37 of Anaheim Extension, in the
City of Anaheim, County of Orange, State of California,
as per map thereof recorded in Book 4, pages 629 and
630 of Deeds; records of Los Angeles, California,
described as follows: Beqinning at a portion in the
center of line West Street 1237.21 feet Southerly
measured along said center line from its intersection
with the North line of Section 9, Township 4 South,
Range 10 West, S.B.B. & M., as said street and section
line is shown on a map of a porti.on of said Section
made for F.W. Fleischmann, filed in Book 1, page 56 of
Record of Surveys in the office of the County Recorder
of said Orange County~ thence continuing Southerly
along the centerline of said We.st Street as shown on
said Record of Survey, 100 feet; thence Southwesterly
to a point which is 591.43 feet Southwesterly from the
center line of said West Street, measured along the
South line of Lot 4 and the extension thereof, as shown
on said Fleischmann Survey and 831.23 feet North measured
parallel with the East line of the West half of the
Northwest quarter of said section 9; thence North paral-
lel with said East .line of the West half of the North-
west quarte.r of said Section 9, 98. 77 feet; thence North-
easterly 348.93 feet to the point of beginning.
Said property is also shown as a part of Lot 4 of the
F.W. Fleischmann Subdivi.sion of a portion of Section 9,
Township 4 South, Range 10 West, filed in Book 1, page
56 of Record of Surveys in the office of the County
Recorder of said Orange County.
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 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
other property under identical zoning classifica-
tion in the vicinity.
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NOW, THEREFOREF 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 subdivision of
an existing parcel into two lots and construction of a second
single-family residence on the property hereinbefore described
with waivers of the following sections of the Anaheim Municipal
Code:
Section 18.84.020
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- Special setback along West Street
(35 feet required~ 20 feet proposed)
Section_~~1L~~~l_~t~ - Side yard requirement (10 feet
required; 5 feet and 9 feet proposed)
S~~tion__~~:~q~_~~O_(3l - Minimum rear yard (22 feet required:
12 feet proposed)
~~_C?_~i2n ~8_~_~~_!-9_~..Q_t4.l - Minirnum lot area (10,000 sq. feet
required~ 6,900 sq. feet proposed)
~e_ctio~_!~_~~~_~~~~ - Minimum lot width (90 feet required;
20 feet and 79 feet proposed)
~ect~~~__~8.2~~~~~~~-bl - Minimum residential floor area
(2,000 sq~ feet required; 1,696
sq. feet proposed)
That said variance be granted subject to the following conditions:
1. That the sidewalks and driveways shall be installed
along West Street as required by the City Engineer and in
accordance wi~ standard plans and specifications on file in
the office of the City Engineer.
2. That a parcel map to record the approved division
of subject property be sub~itted to and approved by the City
of Anaheim and then be recorded in the Office of the Orange
County Recorder.
3. That the owners of subject property shall pay to the
City of Anaheim the appropriate park and recreation in-lieu
fees as determined to be appropriate by the City Council, said
fees to be paid at the time the building permit is issued.
4. That the owners of subject property shall pay to the
City of Anaheim the sum of $2.00 per front foot along West
Street for street lighting purposes.
5. That the owners of subject property shall pay to the
City of Anaheim the sum of l5~ per front foot along West Street
for tree planting purposes.
6. That subject property shall be served by underground
utilities.
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7. 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.
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8. That Conditions Nos. 1, 2, 3, 4 and 5, above mentioned,
shall be complied with prior to the commencement of the activity
authorized under this resolution, or prior to the time that
the building permit is issued, or within a period of 180 days
from date hereof, whichever occurs first, or such further time
as the City Council may grant.
9. That Conditions Nos. 6 and 7, above mentioned, shall
be complied with prior to final building and zoning inspections.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke such variance pe~it for good
cause or failure of said owner, his heirs, successors or assiqns
to comply with the Anaheim Municipal Code and regulations and-
the conditions herein. Said variance is granted for the term
prescribed by the .Anaheim r~1unicil?al Code unless otherwise
specified herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 16th day of November, 1971.
ATTEST:
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CITf CLEi~K
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ANAHEIM )
SSe
I, DENE M. DAOUST, City Clerk of the City of
Anaheim, do hereby certify that the foregoing Resolution No.
7lR-497 was passed and adopted at a ---- _ regular meeting
of the City Council held on the __~_th day of No_vemb~_~_, 19?.!.-.,.
by the following vote of the merobers thereof:
AYES:
COUNCI~~N: Roth, Pebley, Thorn and Stephenson
NOES:
COUNCILME:N~. None
ABSENT:
COUNCILMEN: Dutton
..-.
Pro-Tem
AND I FURTHER CERTIFY that the I~ayor lof the City of
Anaheim approved and signed said resolution on the 16th day
of November , 19..2L. -_.-
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this' '~:6-th ~ day of
..~~oY.!!-~~LI 19 _.2.~_._.
.. (J . Jx_-_~<<--! ___
C~RK OF TP~ CITY OF ANAHEIM
(SEAL)
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