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91-285 RESOLUTION NO. 91R-285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN VARIANCE NO. 3747 AS APPROVED BY RESOLUTION NO. 88R-108. WI{EREAS, the City Council of the City of Anaheim heretofore adopted Resolution No. 88R-108 approving Variance No. 3747, subject to certain conditions specified therein; and WHEREAS, the permittee has now requested an amendment to said conditions of approval; and WHEREAS, the City Council held a duly noticed public hearing on September 24, 1991, at which hearing the City Council did receive and consider evidence, both oral and documentary, relating to said request; and WHEREAS, the City Council hereby finds and determines that the amendment of said conditions of approval is not reasonably necessary to protect the public peace, health, safety or general welfare, nor necessary to permit reasonable operation under said Variance No. 3747 for the following reasons: 1. The current height limitation was imposed by the City, and agreed to by the then current owner of the property, as consideration for an increase in the height limitation on adjacent property under common ownership; and .... 2. Said height limitation was contained in a covenant heretofore recorded against the subject property; and 3. The applicant acquired the subject property with notice and knowledge of the existing 18 foot height limitation; and 4. The applicant failed to present evidence that the property cannot be reasonably developed within compliance with the existing 18 foot height limitation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the conditions of approval heretofore imposed in Variance No. 3747 as approved by Resolution No. 88R-108 be, and the same are hereby, affirmed. BE IT FURTHER RESOLVED that said petition to amend said conditions of approval of Variance No. 3747 be, and the same is hereby, denied and that Resolution No. 88R-108 shall remain in full force and effect. VAR #3747 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 24th day of September, 1991. THE MAYO CITY ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW: dnl 34V3747.12 093091 - 2 - VAR #3747 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 91R-285 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 24th day of September, 1991, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Simpson, Daly, Ehrle and Hunter NOES: COUNCIL MEMBERS: Pickler ABSENT: COUNCIL MEMBERS: None AND I FURTHER certify that the Mayor of the city of Anaheim signed said Resolution No. 91R-285 on the 25th day of September, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the city of Anaheim this 25th day of September, 1991. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 91R-285 duly passed and adopted by the City Council of the City of Anaheim on September 24, 1991. CITY CLERK OF THE CITY OF ANAHEIM