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1979-705RESOLUTION NO. 79R -705 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3115. WHEREAS, after a request for variance by BIRCH RIDGE ESTATES, owner; RICHARD L. OWEN, agent, 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. 3115 was granted covering the following described property: Lots 1 to 57, both inclusive, of Tract No. 9752, as shown on a Map recorded in book 418, pages 34 to 38, inclusive, of Miscellaneous Maps, records of Orange County, California; and 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. 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 construction of a 46- lot, 44 unit condominium subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.31.062.012 Maximum structural height (1 story permitted within 150 feet of single- family residential zoning; 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. 79- 80 -13, 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 Nos. 1 through 8; provided, however, any modifications or changes to the approved plans shall be sub- mitted to and approved by the Planning Commission. 3. That landscaped plans, including appropriate open non view obscuring fencing, shall be submitted to and approved by the Planning Commission prior to the issuance of building permits. 4. That a letter of approval shall be submitted from Anaheim Hills, Inc., prior to introduction of an ordinance reclassifying the subject property. 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, its 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 adopted by the City Council of the City of Anaheim this 4th day of December, 1979. ATTEST: I RK OF THE CITY OF ANAHEIM J LW fm 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. 79R -705 was introduced, and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 4th day of December,, 1979, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 79R -705 on the 4th day of December,. 1979. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of December,. 1979. (SEAL) CITY C ERK OF THE CI 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. 79R -705 duly passed and adopted by the Anaheim City Council on December 4, 1979.