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93-023 RESOLUTION NO. 93R-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4202. WHEREAS, after a request for variance to permit conversion of a 4-unit, 14,000 sq.ft. industrial building to a 4- unit industrial condominium complex 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. 4202 was denied covering the following described property: LOT 13 AND THE NORTH 42 FEET OF LOT 12, TRACT 3251, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 100, PAGES 17 AND 18, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; 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 with regard to the requested waiver(s) of Anaheim Municipal Code requirements, other than off-street parking requirements: 1. That the applicant failed to present evidence that there are special circumstances applicable to the property which do not apply to other property in the same vicinity and zone. 2. That the applicant failed to present evidence that strict application of the zoning code deprives the property of privileges enjoyed by other property in the same vicinity and zone. AND WHEREAS, the City Council does further find, after careful consideration of the action of the Planning Commission and all evidence and reports offered at said public hearing before the City Council regarding said requested waiver(s) of off-street parking requirements, that all of the conditions set forth in Section 18.06.080 of the Anaheim Municipal Code are not present and that the aforesaid waiver(s) should be denied for the following reasons: 1. That the evidence presented failed to demonstrate that the variance(s) will not cause an increase in traffic congestion in the immediate vicinity and adversely affect adjoining land uses; and 2. That the granting of the variance(s) will be detrimental to the peace, health, safety or general welfare of the citizens of the City of Anaheim in that severance of the property into four separate parcels with inadequate parking would increase or perpetuate code enforcement problems which currently exist with the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that said Variance be, and the same is hereby, denied. BE IT FURTHER RESOLVED that the time within which rehearings must be sought is governed by the provisions of Section 1.12.100 of the Anaheim Municipal Code and the time within which judicial review of final decisions must be sought is governed by Section 1094.6 of the Code of Civil Procedure and Anaheim City Council Resolution No. 79R-524. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 26th day of January, 1993. ATTEST: CITY CLERK OF THE CITY OF ANAHEIM JLW:lm R424202.12 - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 93R-23 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 26th day of January, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None TEMPORARILY ABSENT: COUNCIL MEMBERS: Hunter ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 93R-23 on the 27th day of January, 1993. IN WITNESS WHEREOF, I Have hereunto set my hand and affixed the official seal of the City of Anaheim this 27th day of January, 1993. 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. 93R-23 was duly passed and adopted by the City Council of the City of Anaheim on January 26, 1993. CITY CLERK OF THE CITY OF ANAHEIM