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1982-359RESOLUTION NO. 82R -359 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3275. WHEREAS, aft ROQUET, owner; ANACAL public hearing before Anaheim was held upon Variance No. 3275 was property: er a request for variance by RUSSEL 0. ENGINEERING COMPANY, agent, was received a the Planning Commission of the City of due and proper notice, a result of which granted covering the following described LOTS 1, 2, 3, 4 AND 5 OF TRACT NO. 3089, AS SHOWN ON THE MAPS RECORDED IN BOOK 121, PAGES 28 AND 29 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. 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 a 10 lot, 10 building subdivi- sion on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.061.020 - Minimum building site width (70 feet required; 46, 63, and 64 feet proposed) That said variance be granted subject to the following conditions: 1. That the owner(s) of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for tree planting purposes along Romneya Drive. 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 and 2. 3. That Condition No. 1, above - mentioned, shall be complied with prior to the commencement of the activity authorized under this resolution, or prior to the time that the building permit is issued, or within a period of one year from date hereof, whichever occurs first, or such further time as the Planning Commission may grant. 4. That Condition No. 2, above - mentioned, shall be complied with prior to final building and zoning inspections. 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 6th day of July, 1982. YOR OF THE CITY OF ANAHEIM ATTEST: C TY CLERK OF THE CITY OF ANAHEIM WPH:JLW:dh 8/12/82 -2- 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. 82R -359 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 6th day of July, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Pickler, Overholt, Bay 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. 82R - 359 on the 6th day of July, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of July, 1982. 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. 82R -359 duly passed and adopted by the Anaheim City Council on July 6, 1982.