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1982-384RESOLUTION NO. 82R -384 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3263. WHEREAS, after a request for variance by HENRY B. WESSELN and THELMA M. WESSELN, 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. 3263 was granted covering the following described property: The portion of the northeast quarter of the northwest quarter of section 13, in township 4 south, range 11 west, in the Rancho Los Coyotes, in the City of Anaheim, County of Orange, as said section is shown on a map recorded in book 51, page 11, Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the northeast corner of the northwest quarter of said section 13, and running thence south 89 41' 15" west along the north line of said northwest quarter, 727.91 feet to the northwest corner of the land of Orville L. Matteson and wife, as described in the first description of that certain Decree quieting title, a certified copy of which was recorded October 15, 1963 in book 6762, page 263, Official Records of said Orange County; thence south 0 13' 18" east along the west line of said land, 598.55 feet to the southwest corner of said land, thence along the south line of said land of Matteson, and its easterly prolongation north 89 41' 15" east 474.17 feet to the true point of beginning of the boundary of the land described herein; thence south 0 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 27 feet; thence north 89 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 38 feet; thence north 0 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 20 feet; thence north 89 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 87.83 feet; thence south 0 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 89.78 feet; thence north 89 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 127.64 feet, more or less, to the east line of said northwest quarter of section 13; thence along said east line, north 0° 11' 45" west 96.78 feet to its intersection with the easterly prolongation of the south line of said land of Matteson; thence along said prolonged line, south 89 41' 15" west 253.47 feet, more or less, to the true point of beginning. Parcel 1: Commencing at the northeast corner of the northwest quarter of said section 13, and running thence south 89° 41' 15" west along the north line of said northwest quarter, 727.91 feet to the northwest corner of the land of Orville L. Matteson and wife, as described in the first description of that certain decree quieting title, a certified copy of which was recorded October 15, 1963 in book 6762, page 263, Official Records of said Orange County; thence south 0° 13' 18" east along the west line of said land, 598.55 feet to the southwest corner of said land; thence along the south line of said land of Matteson, and its easterly prolongation, north 89 41' 15" east 474.17 feet; thence south 0 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 27 feet to the true point of beginning of the boundary of the land described herein; thence north 89 41' 15 "east parallel with said easterly prolongation of the south line of the land of Matteson, 38 feet; thence north 0 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 20 feet; thence north 89 41' 15" east parallel with the easterly prolongation of the south line of said land of Matteson, 87.83 feet; thence south 0 11' 45" east parallel with the east line of said northwest quarter of section 13, a distance of 89.78 feet; thence south 89 41' 15" west parallel with the easterly prolongation of the south line of said land of Matteson 125.83 feet thence north 0 11' 45" west parallel with the east line of said northwest quarter of section 13, a distance of 69.78 feet to the true point of beginning. 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- 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 construction of a 16 -unit apartment complex with 25% of the units being designated as "affordable" on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.34.061.010 - Minimum building site area per unit (1200 sq. ft. required; 967 sq. ft. proposed) SECTION 18.34.062.012 - Maximum structural height (1 story permitted within 150 feet of single - family residential zoning; 2 stories proposed) SECTION 18.34.063.011 - Minimum landscaped setback (20 feet required from an arterial highway; 15 and 17 feet proposed) That said variance be granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 81- 82 -18, 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 6. 3. That Condition No. 1, above - mentioned, shall be complied with prior to final building and zoning inspections. 4. That prior to the issuance of building permits, the owner /developer shall execute and record an agreement with the City of Anaheim providing that four (4) units shall be sold to and maintained in ownership by persons or families of low or moderate income for a minimum of five years. The form of said agreement shall be approved by the City Attorney's Office. 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. -3- THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 20th day of July, 1982. MAYOR OF THE CITY OF ANAHEIM ATTEST: CITYNCLERK OF THE 0ITY OF ANAHEIM WPH :JLW :dh 8/12/82 -4- 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 -384 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 20th day of July, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 82R -384 on the 20th day of July, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of July, 1982. CITY CLERK OF THE CITt 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 -384 duly passed and adopted by the Anaheim City Council on July 20, 1982. FE0