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1985-397RESOLUTION NO. 85R-397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3502. WHEREAS, after a request for variance by MARGARET JEAN LEVECKE, owner, and HORST J. SCHOR, 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. 3502 was granted covering the following described property: LOTS 13 AND 14 OF TRACT NO. 1070, AS SHOWN THEREON RECORDED IN BOOK 34, PAGE 36 OF MISCELLANEOUS MAPS, RECORDS OF SAID 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 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 playhouse in a required yard area on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.25.063.020 - Minimum side yard setback (10 feet adjacent to north property line required; 1 foot to playhouse and 4 1/2 feet to dog run existing) 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 15-foot radius corner return abutting subject property along Wilhelmina and Helena Street. 2. That plans shall be submitted to the Building Division showing compliance with 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. The appropriate permits shall be obtained for any necessary work. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; provided, however, that the dog run and six-foot high block wall adjacent to the north property line shall be removed and that the play house cabled roof shall be replaced with a flat roof at the same height as the carport roof on the adjacent property to the north. 4. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of ninety (90) days from the date of this resolution. 5. That prior to final building and zoning inspections, Condition No. 3, 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 10th day of September, 1985. ~~~ i~~~ MAYOR OF THE CITY OF ANAHEIM ATTESTS-, ~ ~ ~ ~~. i~ ; 9 CITY CLERK OF THE CITY OF ANAHEIM JLW : fm 4247M 092585 -2- CLERK 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-397 was introduced and adopted at a regular "'~'"'"^ meeting provided by law, of the City Council of the City of Anaheim held on the 10th day of September, 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-397 on the 10th day of September, 1985. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim th -6tk ay of September, 1985. 10th 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-397 duly passed and adopted by the Anaheim City Council on September 10, 1985. ~----~ ~~~~ ~~ry~~ CITY CLERK