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1976-762RESOLUTION NO. 76R-762 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING IN PART VARIANCE NO. 2861. WHEREAS, after a request for variance by Arden Strand, et al., 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. 2861 was granted in part covering the following described property: Those portions of Blocks 24 and 25 of the Golden State Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 4, pages 66 and 67 of Miscellaneous Maps, records of said Orange County, described as a whole as follows: Beginning at the most Easterly corner of Parcel 1 as shown on a map filed in book 73, page 10 of Par- cel leaps, records of said County, said corner being a point on the Southeasterly line of the land de- scribed in Parcel 1 in the deed to Holly Wade Davidson, recorded lxiarch 18, 1955, in book 3000, page 254, Official Records; thence Northeasterly 295.35 feet along said southeasterly line and the prolongation thereof to the most Easterly corner of the land described in the deed to Holly Wade Davidson, recorded April 4, 1968 in book 8563, page 67, Official Records; thence along the boundary of said land North 30° 13' 21" West 177.30 feet and South 740 32' 28" West 45.75 feet to a point in the Southerly line of the land described in the deed to the State of California, recorded June 4, 1963 in book 6573, page 167, Official Records; thence along said Southerly line South 740 32' 28" West 46.49 feet to the beginning of a tangent curve, concave Northerly, having a radius of 471.99 feet; thence Westerly along said curve and along said Southerly line 227.54 feet through a central angle of 27° 37' 16" to the Northeasterly corner of said Parcel 1 of Parcel Map 73-10; thence South 280 40' 23" East 297.01 feet, along the Northeasterly boundary of said Parcel 1, 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 Corunission 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. -1- 2. That, jecause of special circums nces shown in Paragraph 1 above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. NOtir 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 a 45 -unit apartment complex on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 13.34.062.032 Minimum floor area. (700 square feet required; 500 square feet proposed) SECTION 13.04.043.040 Permitted yard encroachments. (30 -inch high fence permitted; 43 -inch high fence 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. 76-77-20. 2. That a soils engineering report attesting to the suita- bility of the subject site for the proposed development shall be submitted to the Building and Engineering Divisions for approval, prior to the issuance of a building permit, and a copy of said report shall be filed with the Planning Department. 3. That the subject property shall be developed in accord- ance with Design Scheme Exhibit No. 1, Revision No. 1; provided, however, that revised plans shall be submitted to the Planning Commission showing a reduction in the number of units from 46 to 45 by eliminating two (2) efficiency -type units and adding one (1) two-bedroom unit and showing conformance with Code requirements pertaining to minimum building site area per dwelling unit and min- imum distance between building walls; and that said revised plans are to be submitted for approval prior to the issuance of a build- ing permit, as stipulated to by the petitioner. BE IT FURTF;ER 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 pre- scribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION this 30th day of November, 1376. ATTEST: CT_TY CLERK OF THE CITY OF A14AHEIM FAL, JR:fm -2- is approved and signed y rte TviAY 0F/ CIT 0 AN HEI1�1 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-762 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 30th day of November, 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-762 on the 30th day of November, 1976. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of November, 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-762 duly passed and adopted by the Anaheim City Council on November 30, 1976. CITY,CLERK