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1985-216RESOLUTION NO. 85R-216 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3473. WHEREAS, after a request for variance by CYPRIEN DUHART and CATHERINE DUHART, owners, 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. 3473 was granted covering the following described property: THAT PORTION OF THE DREYFUS AND OTHER TRACT, AS SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGES 162 TO 164 INCLUSIVE OF "LOS ANGELES COUNTY MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE MONUMENTED CENTER LINE OF SOUTH LEMON STREET 869.15 FEET SOUTHEASTERLY FROM A CEMENT MONUMENT MARKING THE POINT OF INTERSECTION OF THE MONUMENT CENTER LINES OF SOUTH LEMON AND WEST SOUTH STREET; THENCE SOUTHERLY ALONG SAID CENTER LINE OF SOUTH LEMON STREET 50 FEET; THENCE SOUTH 74° 16' 45" WEST, 185.37 FEET TO AN OLD 2 X 2 STAKE THENCE NORTHERLY PARALLEL WITH SAID CENTER LINE OF SOUTH LEMON STREET 50 FEET; THENCE EASTERLY PARALLEL WITH SAID CENTER LINE OF WEST SOUTH STREET 185.37 FEET TO THE POINT OF BEGINNING. EXCEPT THE EASTERLY 31.25 FEET; 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 surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 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; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off-street parking requirements that: -1- 1. The variance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect the adjoining land uses; and 2. The granting of the variance under the conditions imposed will not be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim. 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 a two (2)-unit addition to an existing single-family dwelling on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTIONS 18.04.043.101 - Maximum fence height. AND 18.32.064.070 (36 inches permitted in front setback; 5 feet existing and proposed) SECTIONS 18.32.063.022 AND 18.32.065.020 SECTIONS 18.06.050.0121 - 18.06.080 AND 18.32.066.010 - Minimum sideyard setback and minimum width of ped- estrian accessways. (8 feet adjacent to north property line required; 5 feet existing and pro- posed) Required type of parking spaces. (8 spaces: 6 covered and 2 open required; 8 spaces: 2 covered and 6 open pro- posed) SECTION 18.32.066.062 - Vehicular backing onto public streets. (Vehicu- lar backing onto public streets prohibited; vehic- ular backing onto Lemon Street proposed) That said variance be granted subject to the following conditions: 1. That the owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land 10 feet in width from the centerline of the alley for alley widening purposes. 2. That the owner of subject property shall pay to the City of Anaheim a fee for tree planting purposes along Lemon Street in an amount as determined by the City Council. -2- 3. That prior to issuance of a building permit, the appropriate traffic signal assessment fee shall be paid to the City of Anaheim in an amount as determined by the City Council for each new dwelling unit. 4. That prior to issuance of a building permit, appropriate park and recreation in-lieu fees shall be paid to the City of Anaheim in an amount as determined by the City Council. 5. That street lighting facilities along Lemon Street shall be installed as required by the Utilities General Manager in accordance with specifications on file in the Office of Utilities General Manager, and that security in the form of a bond, certificate of deposit, letter of credit, or cash, in an amount and form satisfactory to the City of Anaheim, shall be posted with the City to guarantee the satisfactory completion of the above-mentioned improvements. Said security shall be posted with the City of Anaheim prior to issuance of building permits. The above-required improvements shall be installed prior to occupancy. 6. That the Lemon Street driveway approach shall be twelve (12) feet wide and shall be constructed with 10 foot radius curb returns to the satisfaction of the City Traffic Engineer. 7. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 8. That subject property shall be served by underground utilities. 9. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department. 10. That trash storage areas shall be provided and maintained in accordance with approved plans on file with the Street Maintenance and Sanitation Division. 11. That prior to final street inspections, "No parking for street sweeping" signs shall be installed as required by the Street Maintenance and Sanitation Division and in accordance with specifications on file with said division. 12. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential properties. `"'~ 13. That the existing structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechanical and Fire Codes as adopted by the City of Anaheim. -3- 14. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1 and 2. 15. That prior to issuance of a building permit, or within a ~-- period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4 and 5, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final building and zoning inspections, Condition Nos. 6, 7, 8, 10, 12, 13 and 14, above-mentioned, shall be complied with. BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 28th day of May, 1985. /L. MAYOR OF THE CITY OF ANAHEIM ATTEST: ~a.~,a /~~~_ CITY CLERK OF THE CITY OF ANAHEIM JLW : fm 3870M 070385 -4- '~` ~-. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 85R-216 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 28th day of May, 1985, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 85R-216 on the 28th day of May, 1985. IN WI'I'I~TESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 28th day of May, 1985. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 85R-216 duly passed and adopted by the Anaheim City Council on May 28, 1985. ~. r~~ CITY CLERK