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93-010 RESOLUTION NO. 93R-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING VARIANCE NO. 4205 WHEREAS, after a request for variance was received to permit an additional 20 sq.ft. wall sign, 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. 4205 was denied covering the following described property: THOSE PORTIONS OF PARCELS 8 AND 9 AS SHOWN ON A MAP FILED IN BOOK 222, PAGES 37 TO 41 INCLUSIVE, OF PARCEL MAPS, AND AS AMENDED BY THAT CERTAIN CERTIFICATE OF CORRECTION RECORDED DECEMBER 15, 1989 AS INSTRUMENT NO. 89-680795, OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, SHOWN AND DESCRIBED AS PARCEL 1 IN THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 196, RECORDED SEPTEMBER 22, 1989, AS INSTRUMENT NO. 89- 509923, OFFICIAL RECORDS; 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 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 (other than properties which have been granted variances based upon special circumstances applicable to such properties). 3. That subject property was previously granted a minimum building setback waiver so existing wall signage is closer and more visible to the adjacent highway than it would be if the setback waiver had not been granted. 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 5th day of January, 1993. MAYO O~OF~THE CIT~~ANAHEIM ATTEST: ~.CITY CLERK OF THi OF ANAHEIM JLW: lm R42V4205.12 - 2 - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certffy that the foregoing Resolution No. 93R-10 was Introduced and adopted at a regular meeting provEled by law, of the Anaheim City Council held on the §th day of January, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: FeElhaus, Hunter, Pickler, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AN D I FURTHER certify that the Mayor of the City of Anaheim signed said Resolution No. 93R-10 on the 6th day of January, 1993. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 6th day of January, 1993. (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 93R-10 duly passed and adopted by the City Council of the City of Anaheim on January 5, 1993. ASSISTANT CI?TY C~F ANAHEIM