1981-519RESOLUTION NO. 81R -519
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 3237.
WHEREAS, after a request for variance by JAMES T. RAFFERTY
and SHIRLEY HANEY RAFFERTY, owners; FREDERICK J. LAWSON, 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. 3237 was denied covering the following described
property:
Lot 46 of Tract No. 7470, as shown on a Map recorded in
book 326, pages 18 to 20 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 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 ground- mounted exterior radio
antenna on the property hereinbefore described with waivers of the
following sections of the Anaheim Municipal Code:
SECTION 18.84.042.012
Prohibited antenna.
(Ground- mounted antenna
not permitted in the Scenic
Corridor; ground- mounted
antenna existing)
and that said variance be granted subject to the following conditions:
1. That the existing radio antenna structure shall meet the
minimum standards of the City of Anaheim, including the Uniform
Building, Electrical, and Mechanical Codes as adopted by the City of
Anaheim.
2. That the existing radio antenna structure on subject
property shall conform to plans and specifications on file in the
City of Anaheim marked Exhibit Nos. 1 and 2.
3. That the petitioner shall obtain all necessary building
permits no later than January 3, 1982.
4. That said antenna and its supporting structure shall re-
main in a fully retracted position (at a height approximately
equal to the peak of the house roof) at all times between sunrise
and sunset of every day except during any disaster, catastrophe or
other emergency affecting the local area during and regarding which
petitioner is broadcasting.
5. That the petitioner shall use all reasonable means neces-
sary to provide the proper filters to mitigate interference for
equipment such as, but not limited to, televisions, radios, stereos,
and tape recorders upon the request of any property owner or tenant
of real property located within a radius of 300 feet of said antenna.
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 condition, 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 reserves
the right to revoke such variance permit for good cause or failure of
said owners, their 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 RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 3rd day of November, 1981.
ATTEST:
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YO 0 THE C Y 0 ANA I M
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 -519 was introduced and
adopted at a regular meeting provided by law, of the City Council of
the City of Anaheim held on the 3rd day of November, 1981, by the
following vote of the members thereof:
AYES: COUNCIL MEMBERS: Overholt, Kaywood, Bay, Roth and Seymour
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER certify that the Mayor of the City of Anaheim signed
said Resolution No. 81R -519 on the 3rd day of November, 1981.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of the City of Anaheim this 3rd day of November, 1981.
(SEAL)
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 81R -519
duly passed and adopted by the Anaheim City Council on November 3,
1981.
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CLER