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1981-477RESOLUTION NO. 81R -477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3236. WHEREAS, after a request for variance by ROBERT M. LLOYD, owner; ELMER MEAGHER, 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. 3236 was granted covering the following described property: LOT 10 OF TRACT NO. 230 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 13 PAGE 25, OF MISCELLANEOUS MAPS, RECORDS OF 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 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 privi- leges 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 three -unit apartment building with a waiver of minimum building site area per dwelling unit on the property hereinbefore described with waivers of the fol- lowing sections of the Anaheim Municipal Code: SECTION 18.32.061.010 Minimum building site area per dwelling unit. (2,400 square feet required; 2,380 square feet proposed) That said variance be granted subject to the following conditions. 1. That the owner of subject property shall pay to the City of Anaheim a fee, in an amount as determined by the City Council, for street lighting along Claudina Street. 2. That the owner 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 Claudina Street. 3. That subject property shall be served by underground utilities. 4. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer. 5. That the owner of subject property shall pay to the City of Anaheim the appropriate park and recreation in -lieu fees as de- termined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued. 6. That the owner of subject property shall pay the traffic signal assessment fee (Ordinance No. 3896) in an amount as determined by the City Council, for each new dwelling unit prior to the issuance of a building permit. 7. 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 3. 8. That Condition Nos. 1 and 2, 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, which- ever occurs first, or such further time as the City Council may grant. 9. That Condition Nos. 3, 4, and 7, above mentioned, shall be complied with prior to final building and zoning inspections. 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 con- ditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judg- ment 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 re- serves the right to revoke such variance permit for good cause or failure of said owner, his heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING REOSLUTION is approved and adopted by the City Council of the City of Anaheim this 13th day of October, 1981. ATTEST: CITY CLERK OF THE C TY OF ANAHEIM JLW:fm OR OF THE CITY AHEIM 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. 81R -477 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 13th day of October, 1981, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Bay, Roth and Seymour NOES: COUNCIL MEMBERS: Kaywood ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 81R -477 on the 13th day of October, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of October, 1981. (SEAL) CITY CL K OF THE CITY OF ANAHEIM I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -477 duly passed and adopted by the Anaheim City Council on October 13, 1981. CITY CLERK