64-071~ ~:~SOLUTION NO 64i{-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN A}4END~NT TO ORDINANCE
NO. 1684 IN RECLASSIFICATION PROCEEDINGS NO.
56-57-45, AND GRANTING THE PETITION FOR
VARIANCE NO. 1613 IN PART ONLY.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
~UGENE A. FAHRION, owner-of certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as follows:
Lots 1 and 2 of Tract No. 3160, as shown on
a map recorded J..n Book 99, Page 13 of Mis-
cellaneous Maps, Records of Orange County,
California.
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim upon
said petition on December 23, 1963, notice of which said public
hearing was duly given as required by law and the provisions of
Title 18, Chapter 18.76 of the Anaheim I~micipal Code; and
W/qEREAS; said City Planning Commission, after due
inspection~ investigation and studies made by itself and in
~ts behalf, and after due consideration of all evidence and
~eports offered at said hearing~ did adopt Resolution No. 997~
~or~o~_~ ~ .... s 1963-64, recommending that Var~nc~~ ..... ~ 1613 be d~ni~d;
and
~..~_E~EA~ thereafter~ within twenty-two (22) days from
the date of the adoption of saJ. d resolution, the City Council
~ ~ ~ uoon ips own motion, to ,-=v4~w the action taken by
~h~. City Planning Commission in denying said variance_ and di..d
sec a public hearing thereon to be held on the 4th day of
z~ebru, ary, ]964~ , a+'~ 7'0C: o'c]ocl<: ..... P M Jn th~ City Hall in the
CJ. ty of Anaheim and neff.ce of such public h~aring was duly
gJ. ven as required by law and the provisions of Title
Chapter 18.76 of th? ~%naheim ~nicipal Code~ and
WHERiiS aft..r Jue investigation and studies made by
';tself and in its behalf.~ and after due consideration of all
'the evidence and r~ports offered at said hearing, th~ City
Council does find and det~rm~n' o~.. that'
].. There are e>:r~ceptlonal or extr'aordinary
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 vici.nity and zeno.
2. That such a varianc~ is necessary for the
preservation and enjoyment of a substantial
property right possessed by otb. er property
in the same vicinity and zone and denied
to the property in questJon.
-I-
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.
4. That the granting of such variance will
not adversely affect the comprehensive
general zoning plan.
AND WHEREAS, the City Council does further find that
Ordinance No. 1684 in Reclassification Proceedings No. F-56-57-45,
which includes the hereinbefore described property, provides
"That all buildings constructed on the lots abutting Broadway
Street shall be limited to one story in height," and the City
Council does find that said provision should be deleted from
said ordinance, and that the hereinabove described property
should be developed under the present R-3 zoning regulations
of the Anaheim Municipal Code.
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
garage requirement, to allow the construction of carports, on
the property hereinbefore described, subject to the following
conditions:
1. That the owner of subject property shall deed
to R~e City of Anaheim a three-foot public
utility overhang easement along the westerly
boundary of subject property.
2. That the owner 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.
3. That trash storage areas shall be provided
in accordance with approved plans on file
in the Office of the Director of Public
Works and Superintendent of Streets, prior
to final building inspection.
4. That final plans for the development of
subject property shall be submitted to the
Development Review Board and shall be
approved by the City Council prior to
the issuance of a building permit.
5. That the owner of subject property shall
dedicate to the City of Anaheim all vehicular
access rights to Broadway Street.
6. That the rear and side walls of the proposed
carports shall be finished with exterior
building materials; that enclosed storage
cabinets of a minimum capacity of 100 cubic
feet shall be provided at the rear wall of
-2-
each carport; that adequate bumper guards
shall be provided to protect the interior
walls of the carports; and that all of said
items shall be provided or complied with
prior to final building inspection.
·
That Conditions Nos 1 and 5 above-mentioned
shall be complied with within 180 days from date
hereof or such further time as the City Council
may grant.
BE IT FURTHER RESOLVED that the City Attorney be, and
he is hereby authorized and directed to prepare an ordinance
amending Ordinance No. 1684 in Reclassification Proceedings
No. 56-57-45 by deleting therefrom the provision that all
buildings constructed on the lots abutting Broadway Street
shall be limited to one story in height, thus permitting
development of the hereinabove described property under the
present R-3 zoning regulations of the Anaheim Municipal Code.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner,
his heirs, successors or assigns, to comply with the Anaheim
~nicipal Code and regulations and the conditions herein.
Said variance is granted for the terms prescribed by the
Anaheim Municipal Code unless otherwise specified herein.
THE FOKEGOING RESOLUTION is approved and signed by me
this 4th day of February, 1964.
OR OF THE CI'~ OF ANAHEIM
ATTEST'
T~E CITY OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 64R-71 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 4th day of
February, 1964, by the following vote of the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said Resolution No. 64R-71 on the
4th day of February, 1964.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim, this 4th day
of February, 1964.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)