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1975-198RESOLUTION NO. 75q-198 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2682. WHEREAS, after a request for variance by ELIZABETI± M. LYPPS, et al., owners, was received, a public bearing before the Planning Commission of the City of Anaheim was held upon due and Proper notice as a result of which Variance No. 2682 was denied covering the following described property: The South 5 acres of the North 10 acres of the Jest 20 acres of the North one -half of the Northwest quarter of Section 18, in Township 4 South, Range 10 .West, in the Rancho Los Coyotes, as shown on a map recorded in book 51, page 10 of Miscellaneous .flaps, records of said Orange County. WHEREAS, thereafter, within the tirn prescribed by law, an interested party or the City Council on its own motion c2used 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, topo{raohy, 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. TOW, TF.EREITORE, BE IT RESOLVED by the City Council of the City of Anaheim, that a conditional zoning variance be, and the sane is hereby, granted permitting the conversion of an exist ing 64 unit apartment complex to condominiums with waivers of the following sections of the Anaheim 'Junicinal Code: a. SECTION 10.31.060.012 Minimum building site area per dwelling unit. (4000 square feet required; 2700 square feet existing) b. SECTION 18.31.062_ .020 T'itaximum site coverage. (40 permitted; 43% exist: c. SECTION 18.31.063.011 d. SECTION 18.31.063.030 Minimum front setback. (20 foot average required; 14.8 foot average existing) Minimum recreational- leisure area. (1200 square feet per dwelling unit required, 850 square feet existing) e. SECTION 13.31.065.011 minimum distance betTreen buildings. (13, 23, and 32 feet required; 10, 11, 15, and 25 feet existin) f. SECTION 18.31.065.020 Minimum width of pedestrian accessways. (3 feet required; 4 to 6 feet existing) SECTION 18.31.066.010 Minimum off- street parkin,,. (160 spaces required; 96 spaces existing and 128 spaces to be in fully en- closed garages; none existing) h. SECTION 18.31.066.030 Required narking space loca- tion. (5c, dwelling units are not located within 100 feet of assigned enclosed narking spaces) i. SECTION 18.31.068 Maximum fence height in front setback. (42 inches permit- ted; 43 inches existing) That said variance be granted subject to the following conditions: 1. That a final tract map of subject property shall be sub- mitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder. 2. That the Covenants, Conditions, and Restrictions shall be submitted to and approved by the City Attorney's Office and the City Council prior to Council approval of the final tract map; said Covenants, Conditions, and Restrictions to include provisions re- auiring that units shall be sold and occupied only by senior citi- zens (Persons 50 years of age or older having no minor children). The approved Covenants, Conditions, and Restrictions shall be re- corded concurrently with the final tract man. 3. That prior to filing the final tract map, the applicant shall submit to the City Attorney and City Council for approval or denial a complete synopsis of the proposed functioning of the opera- ting corporation includin;, but not limited to, the articles of in- corporation bylaws, proposed methods of management, bonding to in- sure maintenance of common property and buildings, and such other information as the City Attorney may desire to protect the City, its citizens, and the purchasers of the project. 1 That subject property shall be developed substantially in accordance with plans and specifications on file with the Cit° of Anaheim marl ecl xhi_bi t 1os 1 throur°h 1 1; nrovided, however, that prior to anoroval of the final tract ran, final develonment ;.glans shall be and roved btr the City Council. Said final develop- ment plans shall include "senior citizen amenities" a st by the petitioner. 5. That trash storage areas shall be provided in. accordance with approved plans on file with the Office of the Director of Pub- lic orks prior to final building and zoning-, inspections. -2- 6. That Condition i'ios. 1, 2, 3 and 1 above mentioned, shall be complied with nrior to the commencement of the activity authorized under this resolution, or prior to the time that the building Hermit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the City Council may grant. 7. That the units in subject development shall be pur- chased and occupied only by senior citizens (persons who are 50 years of age or older, having no minor children). 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 nre- cribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 22nd day of April, 1975. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM FAL, JR fia —3— STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No, 75R -198 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 22nd day of April, 1975, by the following vote of the members thereof; AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 75R -198 on the 22nd day of April, 1975. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of April, 1975. (SEAL AYES; COUNCIL MEMBERS: Seymour, Pebley, Sneegas and Thom NOES: COUNCIL MEMBERS: Kaywood ABSENT; COUNCIL MEMBERS: None (22-e-0-,,A., )22, 2V,k-e G2 t 6� CITY CLERK OF THE CITY AF ANAHEIM I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 75R -198 duly passed and adopted by the Anaheim City Council on April 22, 1975. )77 4c 1 ci/1�� City Clerk