1973-259
RESOLUTION NO. 73R-2S9
,,~~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE
NO. 2499.
WHEREAS, after a request for variance by Raymond
L. Marsile, .Jr., et aI, owners, was received, a public hear-
ing before the Planning Commission of the City of Anaheim
was held upon due and proper notice as a result of which
Variance No. 2499 was granted, covering the following
described property:
Those portions of the land allotted to Juan Yorba
and to Paula Peralta de Dominguez in the County of
Orange, State of California, as described in the
final decree of partition of the Rancho Santiago
de Santa Ana, which was entered September 12, 1868
in Book "B" Page 410 of Judgments of the District
Court of the 17th Judicial District in and for Los
Angeles County, California, described as follows:
,01___.
Beginning at a point in the center line of the
Santa Ana Canyon Road, as described in Deed recor-
ded in Book 171 Page 144, Official Records, said
point being located 1047.38 feet North 600 22' 55"
East of a bolt marking the P. I. of a curve, said
bolt being located approximately 121.00 feet east-
erly of the intersection of said center line by the
West line of the Juan Yorba allotment of the Rancho
Santiago de Santa Ana; running from said point of
beginning North 600 22' 5S" East 566.10 feet along
said center line; thence South 290 23' 50" East
802.97 feet to a point in the westerly line of that
certain 50.00 foot strip of land, as conveyed to the
Santa Ana Valley Irrigation Company, by Deed dated
October 8, 1947, recorded in Book 1536 Page 487,
Official Records, said point being a point on a curve
concave to the East with a radius of 175.00 feet, in
the said westerly boundary of said strip of land, the
bearing of the center of said curve at said point
being North 860 16' 35" East; thence southerly along
said curve 92.55 feet through a central angle of 300
18' 10" to a point in line tangent; thence South 340
01' 35" East 96.00 feet to the beginning of a curve
tangent concave to the Northwest having a radius of
115.00 feet; thence along said tangent curve 192.68
feet through a central angle of 960 00' 00" to a
point in line tangent; thence South 610 58' 25'1 West
344.68 feet along said tangent line to a point being
the beginning of a tangent curve with a radius of
136.00 feet concave to the North; thence along said
curve 94.19 feet through a central angle of 390 41'
00" to a point in line tangent; thence North 780 20'
35" West 21.48 feet to a point in a line drawn South
290 00' 45" East from the point of beginning; thence
North 290 00' 45" West 1054.95 feet to the point of
beginning;
Except from that portion of said land within the Juan
Yorba allotment of Rancho Santiago de Santa Ana, any
-1-
.~"~.....-
portion within the 70 foot right of way conveyed by
L. W. Kirby and Felicidad C. Kirby to the Santa Ana
Valley Irrigation Company, a corporation, by Deed
recorded November 12, 1877, in Book 57 Page 513, Deeds,
Records of Los Angeles County, California.
That portion of the land allotted to Juan Yorba, in
the County of Orange, State of California, as describ-
ed in the final decree of partition of the Rancho
Santiago de Santa Ana, which was entered September 12,
1868 in Book "B", Page 410 of Judgments of the District
Court of the 17th Judicial District in and for Los
Angeles County, California, described as follows:
Commencing at a point in the center line of the Santa
Ana Canyon Road as described in Deed to County of
Orange, recorded June 7, 1926, in Book 171 Page 144
of Official Records, said point being distant North
600 22' 55" East 555,56 feet of a bolt marking the
P. I. of a curve, said bolt being located approxima-
tely 121.00 feet easterly of the intersection of said
center line by the West line of the Juan Yorba allot-
ment of the Rancho Santiago de Santa Ana; thence South
290 13' IS" East 262.00 feet to the most southerly
corner of Parcel One described in Deed to M. Warren
Tait and wife, recorded December 8, 1953 in Book 2629
Page 379 of Official Records, said point being the
true point of beginning; thence North 600 22' 55" East
490.86 feet along the southeasterly line of said land
of M. Warren Tait and the northeasterly prolongation
thereof to the northeasterly line of land described in
Deed to Magnus W. Tait and wife, recorded February 2,
1949 in Book 1795, Page 499 of Official Records; thence
South 290 00' 45" East 792.95 feet along said north-
easterly line to the northerly line of that certain
50.00 foot strip of land described in Deed to Santa Ana
Valley Irrigation Company, recorded October 9, 1947 in
Book 1536, Page 487 of Official Records; thence North
780 20' 35" West 615.24 feet along said northerly line
to a line bearing South 290 13' 15" East from the true
point of beginning; thence North 290 13' IS" West 367.13
feet to the true point of beginning.
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, topog-
raphy, location or surroundings, 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 privileges enjoyed
by other property under identical zoning class-
ification in the vicinity.
,,~"
-2-
...-
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 establishment
of a 76 lot, R-l Subdivision with a waiver of the following
section of the Anaheim Municipal Code.
SECTION 18.24.030 (I-a) ... Minimum garage setback. (Between
6-10 foot permitted; 11-24 foot
setback proposed)
That said variance be granted subject to the following
conditions;
1. That this variance is granted subject to the
completion of Reclassification No. 72-73-45 and Tentative Map
of Tract No. 5778, Revision No.1.
2. That subject property shall be developed sub-
stantially in accordance with plans and specifications on file
with the City of Anaheim marked Exhibit No.1, Revision No.1,
and Exhibits 2 through 12, provided however, that Lot No. 19
of Tract No. 5778, Revision No. 1 shall have a 10-foot garage
setback, automatic garage door opener and a small 3-bedroom
home on the lot, as stipulated to by the petitioner/developer.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke such variance permit for good
cause or failure of said owner, his 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 speci-
fied herein.
THE FOREGOING RESOLUTION is approved and signed by me
this 3rd day of July, 1973.
ATTEST;
() ~ n
&~~- ~/}(. A~
CITY CLERK OF THE CITY OF ANAHEIM
",""""-"""
FAL/jh
-3-
-
-
.-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, DENE M. DAOUST, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 73R-2S9 was
passed and adopted at a regular meeting of the City Council held
on the 3rd day of July , 1973 , by the following
vote of the members thereof: -
AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, THOM
NOES: COUNCILMEN: NONE
ABSENT; COUNCILMEN; DUTTON
Pro Tem
AND I FURTHER CERTIFY that the Mayor/of the City of
Anaheim approved and signed said Resolution on the 3rd day of
July , 19Z1--.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 3rd day of
July, 19 73 .
Lht~
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, DENE M. DAOUST, City Clerk of the City of Anaheim, do
hereby certify that the foregoing is the original of Resolution No.
73R-259 duly passed and adopted by the Anaheim City Council on
July 3, 1973.
~_ frI. f)~
City Clerk
~