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1977-181RESOLUTION NO. 77R -181 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2882. WHEREAS, after a request for variance by LOREN, JOHN and HOWARD LUKENS and M.E.B. INVESTMENTS, owners, and David Beck, 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. 2882 was granted, covering the following described property: A portion of Section 15, Township 4, South, Range 11 West, S.B.B. M. in the City of Anaheim, County of Orange, State of California, described as follows: Beginning at a point on the south line of the West half of the Southeast quarter of the South- east quarter of Section 15, Township 4, Range 11, 283.17 feet west of the Southeast corner thereof, and running thence west along the south line of the said west half 95.34 feet; thence north parallel to the west line of the said west half 473.60 feet to a point on the southerly line of the right of way of the P.E.R.R., and thence southeasterly along said southerly right of way line 118.94 feet; thence south parallel to the west line of the said west line of the said west half 401.98 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 following 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 (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. -1- 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 construc- tion of a 27 -unit apartment complex on the property hereinbe- fore described with a waiver of the following section of the Anaheim Municipal Code: SECTION 18.34.062.012 Maximum building height (1 story permitted; 2 stories proposed) That said variance be granted subject to the following conditions: 1. That this Variance is granted subject to the completion of Reclassification No. 76- 77 -28, now pending. 2. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1 through 8 (Revision No. 1); provided, however, that prior to issuance of a building permit further revised plans shall be submitted to the Planning Department for review and approval deleting the proposed wall along the west property line and indicating an easement for common access between the subject property and the adjacent property to the west consisting of a single, 30 -foot maximum width access point on Bali Road to serve both parcels, and said easement shall have a 3 to 4 -foot wide landscaped median with breaks, as determined to be appropriate for use by the residents of the two parcels, as stipulated to by the petitioner; and, furthermore, the agreement for the common easement referred to herein shall be submitted to the City Attorney's Office for review and approval and then shall be recorded in the Office of the Orange County Recorder, prior to the issuance of a building permit. 3. That Condition No. 1, above- mentioned, shall be complied with prior to the commencement of the activity author- ized under this resolution, or prior to the time that the building permit 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. 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 cause or failure of said owners, their heirs, successors or assigns to comply with the Anaheim Municipal Code and regula- tions and the conditions herein. Said variance is granted for -2- the term prescribed by the Anaheim otherwise specified herein. THE FOREGOING RESOLUTION this 15th day of March 1977. ATTEST: CIC CLE K OF THE CITY OF ANAHEIM JLW:jh Municipal Code unless is approved and signed by me STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ss. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 77R -181 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 15th day of March, 1977, 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. 77R -181 on the 15th day of March, 1977. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 15th day of March, 1977. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 77R -181 duly passed and adopted by the Anaheim City Council on March 15, 1977. 1 CITY CLERK