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1976-323RESOLUTION NO. 76R-323 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2808. WHEREAS, after a request for variance by Minnie B. Uierberger, owner, was received., a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2808 was granted covering the following described property: All that certain land situated in the State of California, County of Orange, City of Anaheim, described as follows: That portion of the West half of the Northwest quarter of the Northeast quarter of Section 21, Township 4 South, Range 10 West, S. B. B. & l., described as follows: Beginning at a point in the North line of said West half distant thereon North 890 33' 28" East 344.06 feet from the Northwest corner thereof, and running thence South 00 10' 59" East, 195 feet; thence South 890 33' 28" west 8.57 feet; thence South 00 10' 59" East 55 feet; thence South 890 33' 28" west 125.59 feet; thence North 00 09' 34" nest 69.85 feet to the beginning of a tangent curve concave Easterly and having a radius of 50 feet; thence Norther- ly along said curve, through a central angle of 360 52' 12" a distance of 32.18 feet to a reverse curve concave westerly and having a radius of 50 feet; thence Northerly, along said curve through a central angle of 1260 52' 12" a distance of 110.70 feet; thence North 90 09' 34" west 70 feet to the North line of said West half; thence Forth 890 33' 28" East, 164.07 feet; more or less, 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 following findings: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surround- ings, 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 classification in the vicinity. NOWT THEREFORE, BE IT RESOLVED by the. City Council of the City of Anaheim, that said conditional zoning variance be, and the same is hereby, granted permitting a four -lot .subdivision on the afore described property with waiver of the following section of the Anaheim Municipal Coote: -1- SECTION 18.27.065.010 - Requirement that all lots rear -on arterial highways. (One side -on lot proposed) That said Variance be granted subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 75-76-33, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with -the City of Anaheim, marked Exhibit No. 1, provided, however, .that in accord- ance with Council Policy No. 542, a six-foot high masonry wall shall be constructed adjacent to Ball Road in addition to other sound attenuation steps which may be necessary to reduce the noise level generated by arterial traffic to 65 dBA in the rear yards of Lot Nos. 1-4 and to 45 dBA inside the homes, with win- dows and doors closed, as stipulated to by the petitioner, how- ever, an earthen berm need not be a part of the proposed sound attenuation measures; and, furthermore, that the minimum building setback on Lot No. 1 shall be 40 feet adjacent to Ball Road, per City Council Policy No. 538, unless the City Council waives said policy and permits the proposed five-foot building setback for said lot. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance permit for good cause or, failure of said owner, her 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 specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 8th day of June, 1976. ATTEST: CITY CLERK OFTHE«)"CITY OF ANAHEIM /fm -2- 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. 76R -323 -was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 8th day of June, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood", Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL,MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-323 on the 8th day of June, 1976. IN WITNESS WHEREOF; I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th, day of June, 1976. CITY CLERK OF THE CIT OF ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-323 duly passed and adopted by the Anaheim City Council on June 8, 1976. City Clerk