1981-156RESOLUTION N0. 81R-156
A RESOLUTION OF THE CITY .COUNCIL OF THE .CITY
OF ANAHEIM GRANTING. VARIANCE N0. 3200.
WHEREAS, after a request for. variance by ANNETTA M.
GASELLA, et al., owners,- LA CABANA - ANAHEIM, 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. 32Q0 was denied covering the following described
property:
A portion of Lot 7, Block 5, of the Golden .State Tract,
shown as Parcel 4, of Parcel Maps, Book 50, page 17,
Official 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 classi-
fication 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 waiver of the minimum setback from an
intersection to retain a billboard on the property hereinbefore
described with. waivers of the following sections of the Anaheim
Municipal Code:
SECTION 18e05.115.020 and -
SECTION 18.61.Ob7
Minimum setback from inter-
section. (25 feet from the
intersection of the corner
property lines requireda 10
feet. existing)
That said variance be granted subject to the following conditions:
1. In the event .the premises on which the billboard. is
located is developed into any use for which the owners or
occupant thereof requires on-site signing, this variance shall
immediately terminate and expire.
2. In the event of a change in ownership of the La Cabana
Restaurant located at 3291 Miraloma Avenue,- Anaheim, California,
from the ownership as it exists on the date of this Resolution
(,e.g.,, the partners sell to Mr. Travera or someone else), said
billboard shall be immediately removed and this variance shall
immediately terminate.
3. That said. billboard shall be used only for the adver-
tising of the La Cabana Restaurant.
4. That the copy of the billboard shall notbe changed
from the way in which it exists on the date hereof.
BE IT FURTHER RESOLVED .that the City Council does hereby
find and determine that adoption of this Resolution is expressly
predicated upon applicants' compliance with each and all of the
conditions hereinabove set forth. Should any such conditions, 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..
BE IT FURTHER RESOLVED that the City Council hereby
reserves: the right to revokesuch.variance permit for good cause
or failure of said owners, their heirs, successors ar assigns to
comply with the Anaheim Municipal Code and regulations and the
conditions herein. Said variance is granted for the term pres-
cribed by the Anaheim Municipal Code x~nless otherwise specified
herein.
THE FOREGOING .RESOLUTION is approved and adopted by the
City Council. of the City of Anaheim this. 3l~t ~ of March, 1981.
ATTEST;
CITY T~,~,ERK O~~ITY OF AHEIM
JLW~sr
-2 _.
STATE OF CALIFORNIA )
COUNTY OF .ORANGE ) ss.
CTTY OF ANAHEIM )
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 8IR-156 was introduced and adopted at a regular
meeting provided by law, of the City Council of-the City of Anaheim held on
the 31st day of March, 1981, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Bay
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Resolution No. 81R-156 on the 31st day of March, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 31st day of March, 1981.
r
CITY CLERK OF THE CITY 0 ANAHEIM
(SEAL)
I, LINDA D. RO£SERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 81R-156 duly passed and adopted
by the Anaheim City Council on March 31, 1981.
CITY CLERK