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1976-6320 0 RESOLUTION NO. 76R-632 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2332, IN PART. WHEREAS, after a request for variance by William Wagner (Trustee) and Dollie P. Rains, (Trustor); and John Booty, 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. 2832 was granted, in part, covering the following described property: A portion of the following described land: Parcel 1: The East 165 feet of the West 495 feet of the East half of the Southwest quarter of the South- west quarter of Section 12, Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on a map recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California, said East half of the Southwest quarter of the Southwest quarter of said Section 12 being described as commencing at a point in the South line of said Section, North 890 41' East 662.75 feet from the Southwest corner thereof; thence North 00 13' West 1328.09 feet to a point; thence North 890 41' 10" East 663.44 feet to a point; thence South 00 14' 45" East 1328.05 feet to a point; thence South 890 41' West 662.75 feet to the place of beginning. Excepting therefrom the South 40 feet. Also excepting "all oil, gas and other hydrocarbons and mineral substances lying not less than 100 feet below the surface of said land, for a period of 15 years from July 29, 1953, provided that Seller, his successors and assigns shall not have the right to go upon the surface of the South half of said land for the purpose of extracting said oil, gas or other hydrocarbon and mineral substances, nor for any purposes in connection therewith, but shall have the right to extract and remove said oil, gas and/or other hydrocarbon and mineral substances, nor for any purpose in connection therewith, but shall have the right to extract and remove said oil, gas and other hydrocarbon and mineral substances by means of slant drilled wells located on the North half of said land, or by any other means which shall not require entry upon the surface of the South half of said land", as reserved in the deed from George Lawrence Rains to Clarence W. Rains and wife, recorded December 24, 1954 in Book 2005, page 481 of Official Records. Parcel 2: That portion of the East half of the Southwest quarter of the Southwest quarter of Section 12, Township 4 -1- 0 i South, Range 11 West, in the Rancho Los Coyotes, as shown on a map recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, Cali- fornia., described as follows: Beginning at a point on the South line of said Section, North 890 411 East 662.75 feet from the Southwest corner thereof; thence North 00 131 East 1328.09 feet to a point; thence North 890 411 10" East 663.44 feet to a point; thence South 00 141 4511 East 1328.05 feet to a point; thence South 890 411 West 662.75 feet to the place of beginning. Except the West 495.00 feet.thereof. Also except the North 726.00 feet thereof. Also excepting therefrom the North 50.feet of the South 155 feet of the East 28 feet. Also excepting therefrom the South 40 feet. Parcel 3: The North 726.00 feet of that portion of the East half of the Southwest quarter of the Southwest quarter of Section 12, Township 4 South, Range 11 West, in the Rancho Los Coyotes, as shown on a map recorded in Book 51, page 11 of Miscellaneous maps, records of Orange County, California, described as commencing at a point in the South line of said Section, North 890 411 East 662.75 feet from the Southwest corner thereof; thence North 00 131 West 1328.09 feet to a point; thence North 890 411 10" East 663.44 feet to a point; thence South 00 141 45f1 East 1328.05 feet to a point; thence South 890 411 West 662.75 feet to the place of beginning. Excepting therefrom the West 495 feet. Parcel 4: An undivided 1/2 interest in South 155 feet of the East 2E the Southwest quarter of the Section 12, Township 4 South, Rancho Los Coyotes, as shown 51, page 11 of Miscellaneous the County Recorder of said C interest in the water wells, situated thereon. the North 50 feet of the feet of the East half of Southwest quarter of Range 11 West, in the on a map recorded in Book Maps, in the office of ounty, together with a like pumping plant and equipment Said portion is the southerly 530 feet of the above- described land. 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: -2 0 Ll E 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. 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, in part, permitting the construction of an 88 -unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: (a) SECTION 18.04.043.050 - Permitted encroachment into required yards. (30 inches permitted, 4 feet proposed) (b) SECTION 18.34.06.2.012 - Maximum building height. (l story permitted; 2 stories proposed) (c) SECTIONS 18.21.061.020 AND 18.01.130 Minimum building site width and frontage. (140 feet required; no frontage proposed) That said variance be granted, in part, subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76-77-9, now pending. 2. That the appropriate directional signing shall be erected on the subject property to indicate right turns only onto Lincoln Avenue. 3. That revised plans shall be submitted for Planning Commission review and approval, said plans to indicate a minimum 33 -foot wide access over Portion A of subject property to Portion B, and also to eliminate 5 second -story dwelling units proposed within the 150 -foot building setback adjacent to single-family residential land uses, with the exception of said setback adjacent to Lot No. 4 in Tract No. 2780, as stipulated to by the petitioner, and this condition shall be complied with prior to the issuance of building permits. 4. That Condition No. 2, 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 permit for good -3- • 0 cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regula- tions and the conditions herein. Said variance is granted, in part, for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is`approved'and signed by me this 12th day of October, 1976. , MA OR F THE CIS OF ANAHEIM ATTEST: CiTY CtERK UY THE CITY OF ANAHET7 JW : j h -4 0 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 76R-632 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 12th day of October, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Kott, Roth and Thom NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-632 on the 12th day of October, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 12th day of October, 1976. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-632 duly passed and adopted by the Anaheim City Council on the 12th day of October, 1976. 0