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1973-474 RESOLUTION NO. 73R-474 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2547. WHEREAS, after a request for variance by Alfred J. and Marjorie A. Shaw, owners, 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. 2547 was forwarded to the City Council by operation of law, covering the following described property: That portion of the Southeast quarter of Section 20, Township 4 South, Range 10 West, in the Rancho Las Bolsas and partly in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 51, page 10, Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the southeast corner of lot 40 of Tract No. 2722, as per map recorded in book 74, page 27, of said Miscellaneous Maps; thence North 00 55' 00" East 125.00 feet to the northeast corner of said lot 40; thence South 890 OS' 00" East 230.00 feet along the South line of Lot 39 of said Tract, and easterly prolongation thereof, to the East line of said section; thence South 00 55' 00" West 125.00 feet along said East line to the easterly prolongation of the South line of said lot 40; thence North 890 05' 00" West 230 feet to the 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 follow- ing 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 (I) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classifica- tion 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 a gift shop in conjunction with an existing single-family residence on the hereinbefore described property with waivers of the following sections of the Anaheim Municipal Code: ...1- .- SECTION l8.40.070(2-a-S-a) - Building setback from a residentia.lzone, (lO-foot setback required; zero set- back existing) SECTION l8.40.070C3-a) - Building height within 150 feet of a residential zone. (Height not to exceed one-half the dis- tance to zone boundary; 10 feet at zero setback proposed) SECTION 18.40.070 (4-.a-2-f) - Minimum required number of parking spaces. (l2 spaces required; 9 spaces proposed) SECTION l8.40.070(6-a) - Wall adjacent to a residential zone. (G-foot high block wall required; chainlink fence pro- posed for a portion of wall length) SECTION 18,40.070(7) - Standard refuse storage area. (None proposed) That said variance be granted subject to the following conditions: 1. That this variance is granted subject to the com- pletion of Reclassification No, 73-74-17, now pending. 2, That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 and 2; provided, how- ever, that no portion of the second story of the r~sidential structure is to be used for commercial purposes, as stipulated to by the Petitioners; and that no more than four open parking spaces need be provided on the site if the existing trees would have to be removed to provide room for more than four open spaces. BE IT FURTHER RESOLVED that the City Council hereby reserves 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 prescri- bed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 16th day of October, 1973. EIM ATTEST: DENE M. DAOUST, CITY CLERK ~- By {(~c-ru< })'7 .~a/vU>yi/~~/ Deputy ij . . CITY CLERK OF THE CITY OF ANAHEIM -2- - - 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-474 was passed and adopted at a regular meeting of the City Council held on the 16th day of October , 19 73, by the following vote of the members thereof: --- AYES: COUNCILMEN: STEPHENSON, SNEEGAS, PEBLEY, THOM and DUTTON NOES: COUNCILMEN; NONE ABSENT: COUNCILMEN: NONE AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution on the 16th day of October , 19 --12-. " IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of October , 19 73 . DENE M. DAOUST, CITY CLERK ,......., - ,',\ /""-" . ' By {.-{.~~'-7'd'- )'17.. ~ t:L~j7:4/ Deputy 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:474 duly passed and adopted by the Anaheim City Council on October 16, 1973. DENE M. DAOUST, CITY CLERK TO (.-{ ~/t'< c 7" )J-;. '~>{/L/ ......../:// .!:'y .". . ..=,"" ... r . Ci ty Clerk n"'pl1f-y _.