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64-321 RESOLUT ION NO A RESOLUTION OF' 'THE CiTY COUNCIL OF THE CITY OF ANAHEIM @RANIINO VARIANCE NO o.~___o WHEREA$~ the City Plannin9 Commission of thc City of Anaheim did receive a petition for zoning varlance from SHUTCHI KUSAKA, et al., owners of Oranfle~ State or California, described as foliows~ A portion of the Southeast 1/4 of the Southeast 1/4 of Section 14, Township 4 South, Range 11 West, in the Rancho Los Coyotes, 'as shown on a map recorded in book 51, page 11 of Miscellaneous Maps, records of Orange County, California, and situated in the State of California, County of Orange, City of Anaheim, described as follows: Commencing at a point on the Southerly line of Section 14, Town- ship 4 South~ Range 11 West, distant Westerly 330 feet more or less from the Southeast corner of said Section 14 and being also a point on the Easterly line of the West 1/2 of the East 1~2 of the Southeast 1/4 of the Southeast 1/4; thence Westerly 8.00 feet along the Southerly line of said Section 14 to the true point of beginning; thence continuing along the Southerly line of said. Section 14 to the Westerly line of the West 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of said Section 14; thence Northerly along the said Westerly line of the West 1/2 of the West 1/2 to the Northerly line of the Southeast 1/4 of the Southeast 1/~ of said Section 14; thence Easterly along the said Northerly line of the Southeast 1/4 of the Southeast 1/4 to a point which is distant 8.00 feet Westerly from the Easterly line of the West 1/2 of the East 1/2 of said Section 14; thence Southerly and parallel to the said Easterly line of the West 1/2 of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 to the true point of beginning, EXCEPTING THEREFROM the Westerly 270.00 feet of the Northerly 1092.00 feet thereof, ALSO EXCEPTING THEREFROM the Southerly 228.00 feet thereof. ALSO EXCEPTING THEREFROM that portion included within the Westerly 165.00 feet thereof. AND WHEREAS, the City Plann:nfl Commission did hold a public hearing at the City Hall in the City of' ~lnaheim upcn said petition on April 13, 1964 , no:ice of which said public heaping was duly given as required by law and the prcvi=, sion~ of 7itl~ 18~ Chapter i~o76 o~ ihs Anaheim Municipal C:ode~ and WHEREAS, sa id City Plannin9 Commission~ after due inspection, investigation and studies made by itself and in its behalf, and after due consideration oI: all evidence and reports offered at sa id hear ing, d id adopt Re~olut ion Noo 1124 19:~64 ~ ., reco~ending that Variance Noo~ I_~2~ b~~d, su'bject to certain conditions therein set forth .__ . , .............. .~... _ ....... ~ ...... ~;and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action taken by the City Planning Commission in grant~in~ said variance and did set a public hearing thereon to be- held on the 5th day of May. , 19 64 , at 7:00 o~clock '"P.M.' .... in the Cit'~HalJ1 in 'the City of Anaheim and notice of such public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, after due investigation and studies made by itself and in its behalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and determine that: I · There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. · That such a variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property in question. · That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. , That the granting of such variance will not adversely affect the comprehensive general zoning plan~ 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 waiver of the one-story height limitation within 150 feet of R-A zoned property, on the property hereinbefore described, to permit two-story construction, subject to the following conditions: i . That the owners of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. · That subject property shall be developed sub- stantially in accordance with plans and speci- fications on file with the City of Anaheim, marked ~'Exhibit No. 1, Revision No. 1," and "Exhibit No. 2." · That this variance is granted subject to the completion of Reclassification Proceedings No. 63-64-94 now pending. -2- 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 signed and approved by me this ATTE ST: ~iTY CLERK OF T~ CI~ OF ANA~IM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) Id DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a -- meeting provided by law, of the City Council of the City of Anaheim, held on the ~th day of May , 19 64 , by the following vote of the members ~hereof: AYES: ~OES: ABSENT: COUNCILMEN: Pebley, Dutton~ Schutte, Krein and Chandler COUNCILMEN: None COUNCILMEN: None And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 5th day of May , 1964 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of .Anahei~ this 5th day of May ~'ITY ~LERK 'OF THE-CITY OF ANAHEIM ( SEAL )