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1981-590RESOLUTION NO. 81R -590 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 3242. WHEREAS, after a request for variance by DOUGLAS E. JONES, et al., owner; VAUGHAN HERRICK, 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. 3242 was denied covering the following described property: PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTER LINE OF HARBOR BOULEVARD AND ORANGEWOOD AVENUE, AS SAID INTER- SECTION IS SHOWN ON A MAP FILED IN BOOK 117, PAGES 35 AND 36, OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE, ALONG SAID CENTER LINE OF SAID ORANGEWOOD AVENUE, SOUTH 89 43' 48" WEST 666.80 FEET; THENCE, NORTH 1 12' 57" WEST 353.05 FEET, MORE OR LESS, TO A LINE PARALLEL WITH AND DISTANT 353.00 FEET NORTHERLY MEASURED AT RIGHT ANGELS FROM SAID CENTER LINE OF ORANGE- WOOD AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE ALONG SAID PARALLEL LINE NORTH 89 43' 48" EAST 265.04 FEET MORE OR LESS; THENCE NORTH 1 12' 57" WEST 106.00 FEET; THENCE PARALLEL WITH SAID CENTER LINE OF ORANGEWOOD AVENUE; NORTH 89 43' 48" EAST 400.72 FEET MORE OR LESS, TO SAID CENTER LINE OF HARBOR BOULEVARD TO THE TRUE POINT OF BEGINNING; THENCE RETURNING FROM SAID TRUE POINT OF BEGINNING, THE FOLLOWING COURSES AND DISTANCES; SOUTH 89 43' 48" WEST 400.72 FEET; SOUTH 1 12' 57" EAST 106.00 FEET AND SOUTH 89 43' 48" WEST 182.04 FEET; THENCE NORTH 1 12' 43" WEST 125.64 FEET; THENCE NORTH 89 54' 22" EAST 582.75 FEET TO A POINT THAT BEARS NORTH 1° 20' 55" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 1 20' 55" EAST 17.82 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 surroundings, 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 free standing sign on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.05.093.023 Permitted location of freestanding sign. (77 feet from south property line required (23 feet proposed) That said variance be granted subject to the following conditions: 1. That the owner(s) of subject property shall submit a letter requesting the termination of Conditional Use Permit No. 1860 to the Planning Department. 2. That appropriate water assessment fees as determined by the Office of Utilities General Manager shall be paid to the City of Anaheim prior to the issuance of a building permit; said fees are hereby estimated at approximately $1,600. 3. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2 and 3. 4. 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. 5. That Condition No. 3, 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 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 re- serves 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 29th day of December, 1981. ATTEST: CITY_ LERK`OF THE CI Y OF ANAHEIM JLW:dh /fm •F THE C. OF AN IM (SEAL) 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 -590 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 29th day of December, 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 -590 on the 29th day of December, 1981. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of December, 1981. I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 81R -590 duly passed and adopted by the Anaheim City Council on December 29, 1981.