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1985-217RESOLUTION NO. 85R-217 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3475. WHEREAS, after a request for variance by MARK CROSS and SUE ANN CROSS, owners, and SALKIN ENGINEERING CORPORATION, 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. 3475 was granted covering the following described property: LOT 30 OF TRACT 8455, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 356, PAGE(S) 27 TO 29, INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; 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. 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 a two (2) lot, RS-5,000(SC) Zone subdivision on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.27.061.021 - Minimum building site width for cul-de-sac lots. (45 feet per lot required; 25 feet pro- posed for Parcel 2) That said variance be granted subject to the following conditions: 1. That appropriate park and recreation in-lieu fees for the new additional lot shall be paid to the City of Anaheim in an amount as determined by the City Council. -1- 2. 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 a new dwelling unit. 3. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 4. That subject property shall be served by underground utilities. 5. That prior to issuance of a building permit, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 6. 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. 7. That fire sprinklers shall be installed as required by the City Fire Marshal for the dwelling unit to be constructed on Parcel No. 2. 8. That prior to approval of a final parcel map or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1 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. 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. /4~ MAYOR OF THE CITY O ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW : fm 3871M 070385 -2- 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-217 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-217 on the 28th day of May, 1985. IN WITNESS 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-217 duly passed and adopted by the Anaheim City Council on May 28, 1985. CITY CLERK