1966/09/069666
~ity Hall, Anaheim, California - COUNCIL MINUTES - September 6th, ~966, 1:30 P.M,
The City Council of the City of Anaheim met in regular session.
PRESENT: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein.
ABSENT: COUNCILMEN: None.
PRESENT: ASSISTANT CITY MANAGER: Robert Davis.
CITY ATTORNEY: Joseph Geisler.
DEPUTY CITY CLERK: Aloha M. Earrens.
CITY ENGINEER: James P. Maddox.
DEVELOPMENT SERVICES DIRECTOR: Alan G. Orsborn.
ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson.
ZONING SUPERVISOR: Ronald Thompson.
PLANNING SUPERVISOR: Ronald Grudzinski.
Mayor Krein called the meeting to order.
MINUTES: Minutes of the City Council Meeting held August 23, 1966, were approved
on motion by Councilman Pebley, seconded by Councilman Chandler MOTION
CARRIED. '
WAIVER OF READING - ORDINANCES AND RESOLUTIONS: Councilman Pebley moved to
waive the reading in full of all ordinances and resolutions, and that
consent to the waiver of reading is hereby given by all Councilmen~
unless after reading of the title, specific request is made by a Councilman
for the reading of such ordinance or resolution. Councilman Dutton seconded
the motion. MOTION UNANIMOUSLY CARRIED.
REPORT - FINANCIAL DEMANDS AGAINST THE CITY: Demands against the city, in the
amount of $476,268.91, in accordance with the 1966-67 Budget, were approved.
PUBLIC HEARING - RECLASSIFICATION NO, 65-66-106: Submitted by Ted Freeman
requesting a change of zone from R-1 to C-l; property briefly described as
located at 919 South Magnolia Avenue, being a portion of property described
in Reclassification No. 60-61-44.
The City Planning Commission, pursuant to Resolution PC66-27,
recommended approval of said reclassification, subject to the following
conditions:
4o
That the owner of subject property shall deed to the City of Anaheim a
strip of land 50 feet in width, from the center line of the street,
along Magnolia Avenue, for street widening purposes.
That the owner of subject property shall deed to the City of Anaheim a
strip of land 20 feet in width along the westerly property line for
alley purposes~
That plans shall be prepared and all engineering requirements of the
City of Anaheim for the alley, such as grading, paving, gutter or other
pertinent work shall be completed as required by the City Engineer,
and in accordance with standard plans and specifications on file in the
office of the City Engineer; and that a bond in an amount and form satis-
factory to the City of Anaheim shall be posted with the City to guarantee
the installation of s~id engineering requirements.
That the vehicular access rights to Magnolia Avenue shall be dedicated to
the City of Anaheim.
That the owner of subject property shall pay to the City of Anaheim the
sum of $2.00 per front foot along Magnolia Avenue, for street lighting
purposes.
That the sidewalks shall be installed~ as required by the City Engineer,
along Magnolia Avenue, in accordance with standard plans and specifica-
tions on file in the office of the City Engineer.
That the curbs and gutters shall be repaired along Magnolia Avenue,
including the removal of the existing driveway depression, as required
by the City Engineer and in accordance with standard plans and specifica-
tions on file in the office of the City Engineer.
That Condition Nos. 1, 2, 3, 4, and 5, above mentioned, shall be complied
with within a period of 180 days from date hereof, or such further time
as the City Council may grant.
That Condition Nos. 6 and ?, above mentioned shall be complied with
prior to final buildin9 and zoning inspections.
9667
.C...ity Hall~ Anaheim, California - COUNCIL MINUTES - September 6th~ 1966, 1:30 P.M,
10o
11~
That the conversion of the existin9 structure shall conform to the
Uniform Building Code as adopted by the City of Acaheim.
That any air-conditionin9 facilities proposed shall be properly
shielded from view from abuttin9 streets, and all sound shall be
buffered from adjacent residential homes, prior to final building
inspection.
Zoning Supervisor Ronald Thompson noted the location of subject
property, advisin9 that the parcel was immediately adjacent on the north
to the service station property at the northwest corner of Magnolia Avenue
and Ball Road. He summarized the evidence submitted to and considered by
the City Planning Commission, and reported that recommended conditions
were in accordance with the City Council's action taken August 23, 1966,
relative to Area Development Plan No. 56 (Reclassification No. 60-61-44).
Mayor Krein asked if anyone wished to address the City Council
for or against the proposed zoning, there being no response, declared the
hearing closed. The Applicant indicated his presence in the audience.
RESOLUTION NO. 66R~583: Councilman Pebley offered Resolution No. 66R-583
for adoption~ authorizing preparation of necessary ordinance changing the
zone as requested, subject to the recommendations of the City Planning
Commission.
Refer to Resolution Booko
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED. (65-66-106 - CMl)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
Ihe Mayor declared Resolution No. 66R-583 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO 66-67-5 AND VARIANCE NO, 1815 (TRACT NO.
6294): Submitted by Marie Greenwood, Robert Eo Singer and Edwin C. Iliff,
requesting a change of zone from R-A to R-l, and waivers of minimum lot
area~ minimum lot width and minimum reversed corner lot width; property
located on the north side of Broadway, the westerly boundary being east
of the centerline of Wayside Place.
The City Planning Commission, pursuant to Resolution No. PC66-32,
recommended approval of said reclassification, subject to the following
condition:
That a final tract map of subject property be approved by the City
Council and recorded in the office of the Orange County Recorder.
Ihe City Planning Commission pursuant to Resolution No. PC66-33,
approved said variance subject to the followin9 conditions:
1. That this variance is granted subject to the completion of Reclassifica-
tion No. 66-67~5.
9. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim, marked
Exhibit No. 1, Revision No. 1o
Mr. Thompson noted the location of subject property, the existing
uses and zoning in the immediate area, and summarized the evidence submitted
to and considered by the City Planning Commission. He noted that the requested
variance was to allow residential lots equal in size to those existing on the
adjacent properties to the east~ west and south.
9668
City Hall, Anaheim, California - COUNCIl. MINUTES - September 6th, 1966, 1:30 P.M.
Mayor Krein asked if anyone wished to address the Council for or against
the proposed reclassification and variance, there being no response, declared
the hearing closed~
RESOLUTION NO. 66R-584: Councilman Dutton offered Resolution No. 66R-584 for
adoption, authorizing preparation of necessary ordinance changing the zone as
requested, subject to the recommendations of the City Planning Commission.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED° (66-67-5 - R-l)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-584 duly passed and adopted.
RESOLUTION NO. 66R-585: Councilman Dutton offered Resolution No. 66R-585 for
adoption, granting Variance No. 1815 subject to the recommendations of the
City Planning Commission.
Refer to Resolution Book~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 1815o
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton~ Peble¥~ Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-585 duly passed and adopted.
!ENTATIVE MAP~ TRACT NOo 6294: Developers - Murray Greenwood~ Robert Eo
Singer and Edwin C. Iliff; tract located on property described in Reclassifica-
tion No. 66-67-5, and contains 22 proposed R-1 lots.
The City Planning Commission approved said tentative map, subject to
the following conditions:
3.
4.
5.
That the approval of Tentative Map of Tract No. 6294~ Revision No. 1s is
granted subject to the approval of Reclassification No. 66-67-5 and
Variance No. 1815.
That should this subdivision be developed as more than one subdivision,
each subdivision thereof shall be submitted in tentative form for approval.
That the vehicular access rights~ except at street and/or alley openings~
to Broadway shall be dedicated to the City of Anaheim.
That the alignment of Broadway shall conform to plans available on file
in the office of the City Engineer°
That in accordance with City Council policy~ a 6-foot masonry wall shall
be constructed on the south property line separating Lot Nos. 1~ 20~ and
22 and Broadway~ an arterial highway, except that corner Lot Nos. 1 and 2
shall be stepped down to 30 inches in the front yard setback. Reasonable
landscaping~ including irrigation facilities, shall be installed in the
uncemented portion of the arterial highway parkway the full distance of
said wall, plans for said landscaping to be submitted to and subject to
the approval of the Superintendent of Parkway Maintenance and the
Development Services Department° Following installation and acceptance~
the City of Anaheim shall assume the responsibility for maintenance of
said landscaping~
9669
City Hall, Anaheim~ California - COUNCIL MINUTES - September 6th, 1966, 1:30 P.M.
It was moved by Councilman Dutton, seconded by Councilman Pebley,
that Tentative Map~ Tract No. 6294, Revision No. 1 be approved subject to
the recommendations of the City Planning Commission. MOTION CARRIED.
PUBLIC HEARING - RECLASSIFICATION NO. 66-67-7 AND CONDITIONAL USE PERMIT NO. 868:
Submitted by Charles W. and Katherine A, Hushaw, and Robert J. and Monica C.
Croft~ requesting change of zone from R-1 to C-l, and permission to establish
an automobile service station within 75 feet of a residential zone; property
described as located at the northeast corner of State College Boulevard
and South Street (628~ 632 and 638 South State College Boulevard). ~
** See Page 9680 for City Planning Commission recommendations.
Mr. Thompson noted the location of subject property and the
existing uses and zoning in the immediate area~ and summarized the evidence
presented to the City Planning Commission°
The Deputy City Clerk called attention to communication dated
August 31~ 1966~ from 3oseph A. and Mary' E. Smedley~ owners of property at
2109 South Street~ requesting that the R-1 zoning of subject property be
retained~ and setting forth their reasons therefor°
Mayor Krein asked if the petitioners or their representative
wished to address the City Council°
Mr. George Argyros, 415 West 4th Street, Tustin, Authorized Agent,
submitted a petition in favor of the proposed development signed by approxi-
mately 61 property owners in the immediate area, and advised that the proposed
service station would be constructed using Spanish-Style materials, in
keeping with commercial development to the north.
Ihe Mayor asked if anyone wished to address the City Council for
or against the proposed service station, there being no response, declared
the hearing closed~
RESOLUTION NOv 66R-586: Councilman Schutte offered Resolution no. 66R-586
for adoption, authorizing preparation of necessary ordinance changing the
zone as requested~ subject to the recommendations of the City Planning
Commission~
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED. (66-67-7 - C-l)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-586 duly passed and adopted.
RESOLUTION NO. 66R-587: Councilman Schutte offered Resolution No. 66R-587
for adoption, 9ranting said conditional use permit subject to the recommendations
of the City Planning Comm~ssiono
Refer to Resolution Book. i
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING
CONDITIONAL USE PERMIT NO. 868°
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton~ Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-587 duly passed and adopted.
9670
City Hall~ Anaheim, California - COUNCIL MINUTES - September 6th, 1966, 1:30
PUBLIC HEARING - RECLASSIFICATION NO, 66-67-8 AND VARIANCE NO. 1818: Submitted
by 3ohn Ds and Julia Ao Von der Heide, requesting change of zone from R-1 to
C-1 and waivers of minimum required front setback and maximum building height;
property located at the northeast corner of Euclid Street and Catherine
Drive (924 North Euclid Street).
The City Planning Commission pursuant to Resolution No. PC66-39
recommended approval of said reclassification~ subject to the following
conditions:
1. That the owners of subject property shall deed to the City of Anaheim
a strip of land 53 feet in width, from the centerline of the street,
along Euclid Street, including a 15-foot radius corner return, for
street widening purposes.
20 That the owners of subject property shall pay to the City of Anaheim
the sum of $2°00 per front foot along Euclid Street and Catherine Drive,
for street lighting purposes.
3. That Condition Nos. 1 and 2~ above mentioned, shall be complied with
within a period of 180 days from date hereof, or such further time as
the City Council may grant.
4. That any air-conditioning facilities proposed shall be properly shielded
from view from abutting streets, and all sound shall be buffered from
adjacent residential homes~ prior to final building and zoning inspection.
The City Planning Commission pursuant to Resolution No. PC66-40
granted said variance, subject to the following conditions:
1o That this variance is granted subject to the completion of Reclassifica-
tion No. 66-67-8°
2. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim, marked
Exhibit Nos. 1 and 2.
Mr~ Thompson noted the location of subject property, and the
existing uses and zoning in the immediate area° He reported that the City
Planning Commission determined that the setback proposed on subject property
was in keeping with those in the area°
The Mayor asked if anyone wished to address the City Council for
or against the proposed development~ there being no response~ declared the
hearing closedo
Reference was made to the number of access points along Euclid
Street in this area, and the Assistant City Manager Robert Davis suggested
that access for subject development be limited to Catherine Drive,
inasmuch as the structure is oriented to Catherine Drive.
Plans were reviewed by the City Council and discussion held.
RESOLUTION NO. 66R-588: Councilman Chandler offered Resolution No. 66R-588
for adoption, authorizing preparation of necessary ordinance changing the
zone as requested, subject to the recommendations of the City Planning Comr
mission, and further subject to the following condition:
"That the owners of subject property shall dedicate to the City of
Anaheim all vehicular access rights to Euclid Street."
Refer to Resolution Book,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO
ZONING SHOULD BE AMENDED AND THAT THE BOUNDARIES OF CERTAIN ZONES
SHOULD BE CHANGED. (66-67-8 - C-l)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley~ Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-588 duly passed and adopted°
9671
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6th~ 1966~ 1:30 P.M.
RESOLUTION NO. 66R-589: Councilman Chandler offered Resolution No. 66R-589
for adoption, granting Variance No. 1818~ subject to the recommendations
of the City Planning Commission, and further subject to an addition to
Condition No. 2, to read as follows:
"That subject property shall be developed substantially in
accordance with plans and specifications on file with the City
of Anaheim~ marked Exhibits Nos. 1 and 2; final plans indicating
amended access and parking layout to be approved by the Development
Services Department prior to issuance of building permit."
Refer to ~esolution Book°
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING
VARIANCE NO. 1818.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton~ Pebley, Schutte~ Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-589 duly passed and adopted.
PUBLIC HEARING - RECLASSIFICATION NO. 66-67-9 (RECLASSIFICATION NO. 65-66-108):
Initiated by the Anaheim Planning Commission for a change of zone from R-A
to M-l; property briefly described as located at the southeast corner of
Ball Road and State College Boulevard°
Pursuant to Resolution No, PC66-41, the City Planning Commission
recommended approval of said reclassification.
Mr. Thompson noted the location of subject property and the
existing uses and zoning in the immediate area. He reported that the existing
service station was permitted by Conditional Use Permit No. 214~ and subject
reclassification would establish the property in the appropriate zone for
the area, in accordance with the General Plan; and he thereupon recommended
termination of Reclassification No. 65-66-108, which approves C-1 zoning
currently pending on the property.
Council,
The Mayor asked if the applicant wished to address the City
Mrs~ Paul Dominguez~ one of the owners of the sergice station
property~ stated they were in favor of the C-1 zoning previously approved
on the property, and advised that the commercial development proposed for
the balance of the property had failed to materialize°
Council discussion was held, and Councilman Schutte was of the
opinion that inasmuch as the service station was operating under a conditional
use permit~ the actual zoning of this parcel should take place at the time
the balance of the property is zoned for development.
The Mayor asked if anyone else wished to address the City Council
for or against the proposed reclassification~ there being no response~
declared the hearing closed°
RESOLUTION NO. 66R-590: Councilman Schutte offered Resolution No. 66R-590
for adoption~ denying Reclassification No. 66-67-9.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN
AREA OF THE CITY HEREINAFTER DESCRIBED. (66-67-9)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Pebley, Schutte and Krein
Dutton and Chandler
None
The Mayor declared Resolution No. 66R-590 duly passed and adopted.
9672
City Hall~ Anahelm~ California - COUNCIL MINUTES - September 6th, 1966~ 1:30 P.M.
RECLASSIFICATION NO. 65-66-108: Councilman Pebley offered Resolution No.
66R-591 terminating Reclassification No. 65-66-108~
Refer to Resolution Book,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM TERMINATING ALL
PROCEEDINGS IN CONNECTION WITH RECLASSIFICATION NO. 65-66-108, AND DECLARING
RESOLUTION NO~ 66R-414 NULL AND VOID.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution Noo 66R-591 duly passed and adopted.
PUBLIC HEARING - ABANDONMENT: Public hearing was held on proposed abandonment
of portion of an existing right-of-way for road and highway purposes; property
located on the easterly side of Baxter Street cul-de-sac~ south of Via Burton
Street~ pursuant to Resolution No. 66R-548~ duly published in the Anaheim
Bulletin August 25th~ 1966~ and notices thereof posted in accordance with law.
The Mayor asked if anyone wished to address the City Council relative
to the proposed abandonment, there being no response, declared the hearing
closed.
Attention was called to report from the City Engineer dated
September 1, 1966, recommending approval of the abandonment°
(Councilman Pebley left the meeting, 2:04 P.M.)
RESOLUTION NO. 66R-592: Councilman Dutton offered Resolution No. 66R-592
for adoption, approving said abandonment.
Refer to Resolution Book~
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ORDERING THE
VACATION AND ABANDONMENT OF A PORTION OF AN EXISTING RIGHT OF WAY FOR
ROAD AND HIGHWAY PURPOSES UPON~ OVER, ACROSS AND ALONG THE HEREINAFTER
DESCRIBED REAL PROPERTY. (65-21A; Baxter Street south of Via Burton)
Roll call vote:
AYES:
NOES:
TEMPORARILY ABSENT:
ABSENT:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
COUNCILMEN:
Dutton, Schutte, Chandler and Krein
None
Pebley
None
The Mayor declared Resolution No~ 66R-592 duly passed and adopted.
ENTERTAINMENT PERMIT: Application filed by Darwin C~ Stanley for entertainment
permit to allow musical entertainment at the Country Girl Bar-BQ~ 226 North
Manchester Avenue, was submitted and granted for a period of one year,
subject to the provisions of Chapter 4o18 of the Anaheim Municipal Code as
recommended by the Chief of Police~ on motion by Councilman Dutton, seconded
by Councilman $chutte, MOTION CARRIED.
(Councilman Pebley returned to the meeting, 2:07 P.M.)
CONDITIONAL USE P~RMIT NO. 785 - EXTENSION OF TIME: Request of National
Coordinators Inc.~ dated August 179 1966, was submitted for 180 day extension
of time to Conditional Use Permit No. 785, due to revised plans which were
approved by the City Council May 3, 1966~
180 day extension of time was granted by the City Council~ subject
to payment of fees for street lights and parkway trees within 30 days~ as
provided in Resolution No. 66R-34, on motion by Councilman Chandler~ seconded
by Councilman Dutton. MOTION CARRIED.
9673
~itv Hall~ Anaheim, California - COUNCIL MINUTES - September 6th, 1966, 1:30 P,M,
CITY PLANNING COMMISSION ITEMS: Actions taken by the City Planning Commission
at their meeting held August 15, 1966, pertaining to the following applications
were submitted for City Council information and consideration°
VARIANCE NO. 1820: Submitted by Southern Counties Gas Company, requesting
a waiver of maximum permitted sign area; M-1 and P-L zoned property located
at 1919 South State College Boulevardo
Denied by the City Planning Commission, pursuant to Resolution
No. PC66-50o
VARIANCE NO. 904: Submitted by William H. Crookston requesting modification
of permitted uses under Variance No. 904 to include a trophy shop; R-A
zoned property located on the southwest side of Manchester Avenue, south
of Katella Way~
The City Planning Commission pursuant to Resolution No. PC66-57
amended their former action on subject variance to permit the establishment
of a trophy shop or other C-1 uses which are similar or lighter in density
than that now proposed.
The foregoing actions were reviewed by the City Council and no
further action taken on the above numbered variances.
CONDITIONAL USE PERMIT NOQ 871: Submitted by Giacomo Lugaro requesting
permission for on-sale beer; C-1 zoned property located at 540 North
Magnolia Avenue.
Denied by the City Planning Commission, pursuant to Resolution
Nco PC66-47o
Review of action taken by the City Planning Commission was
requested by Councilman Chandler, and the City Clerk was instructed to
schedule the matter for public hearing before the City Council.
CONDITIONAL USE PERMIT NO, 872: Submitted by Elden Kanegae requesting
permission for on-sale beer; C-1 zoned property located south and west of a
parcel of land located at the southwest corner of Lincoln and Dale Avenues°
Granted by the City Planning Commission, subject to a condition,
pursuant to Resolution No. PC66-51.
Review of action taken by the City Planning Commission was
requested by Councilman Schutte, and the City Clerk was instructed to
schedule the matter for public hearing before the City Council.
GENERAL PLAN AMENDMENT NO 82 - RIVERDALE AVENUE: On motion by Councilman
Dutton¢ seconded by Councilman Schutte~ the City Clerk was instructed to
schedule public hearing before the City Council to consider General Plan
Amendment No~ 82, designating a portion of Riverdale Avenue as an exception
on the Table of Exceptions of the Czrculation Element~ Highway Rights of Way
of the General Plan, pursuant to City Planning Commission Resolution Nco
PC66-55~ MOTION CARRIED~
PRECISE ALIGNMENT - RIVERDALE AVENUE; Pursuant to City Planning Commission
Resolution No. PC66-56, the City Clerk was instructed to schedule public
hearing before the City Council to consider the adoption of the precise
alignment of Riverdale Avenue~ on motion by Councilman Dutton~ seconded by
Councilman Schutte. MOTION CARRIED.
DEED OF EASEMENT: Councilman Pebley offered Resolution No. 66R-593 for adoption.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING
EASEMENT GRANT DEED CONVEYING TO THE CITY OF ANAHEIM CERTAIN REAL
PROPERTY FOR AN EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES. (Gulf Oil Corp.
Roll call vote:
9674
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6th, 1966, 1:30 P.M.
AYES: COUNCILMEN: Dutton9 Pebley9 $chutte, Chandler and Krein
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
The Mayor declared Resolution No. 66R-593 duly passed and adopted.
RESOLUTION NO. 66R-594: On the recommendations of the City Engineer, Councilman
Dutton offered Resolution No~ 66R-59a for adoption°
Refer to Resolution Booko
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ACCEPTING A QUITCLAIM
DEED FROM SOUTHERN CALIFORNIA WATER COMPANY QUITCLAIMING TO THE CITY ALL
RIGHTS, TITLE, INTEREST AND ESTATE IN AND TO A CERTAIN EASEMENT FOR WATER
PIPELINE, AND INGRESS AND EGRESS PURPOSES.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley9 Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-564 duly passed and adopted.
PURCHASE OF EQUIPMENT: Assistant City Manager Robert Davis reported on informal
bids received for the purchase of two Oil Circuit Breakers for the Hannum
Sub $tation~ as follows, and recommended acceptance of the second low bid~
that of I=T-E Circuit Breaker, in the amount of $25,636.00, including tax.
He reported that delivery of the equipment from the low bidder, Parks & Oo.~
was set at 20 weeks, while I-T-E Circuit Breaker designated late October of
1966 for delivery; that the foregoing recommendation was made on the basis
of delivery and standardization of equipment:
I-T-E Circuit Breaker, Los Angeles
Parks & Coo Allis-Chalmers, Long Beach
General Electric Co.9 Los Angeles
Westinghouse Corpo9 Los Angeles
Pennsylvania Transformer Div., Los Angeles
$25~636.00
259625.60
26~041.60
27,674.40
26,684.32
On the recommendations of the Assistant City Manager, Councilman
Chandler moved that the bid of I-T-E Circuit Breaker, Los Angeles, in the
amount of $25~636~00, including tax, be accepted and purchase authorized as
the lowest and best qualified bid. Councilman Dutton seconded the motion.
MOTION CARRIED.
REQUEST - USE OF CITY EQUIPMENT: Mro Davis reported that request dated August 31,
1966, had been received from the Aeronutronics Division of Philco Corporation
to purchase time from the City's computer in the Data Processing Division,
for use one-half hour per night, not to exceed twenty hours per month~ at a
rate of $25 per hour~
On the recommendations of the Assistan~ City Manager, Councilman
Chandler moved that the City Attorney be authorized to prepare an agreement
with the Aeronutronics Division of Philco Corp.~ on terms as set forth in their
letter dated August 319 1966~ Councilman Dutton seconded the motion. MOTION
CARRIED.
CLAIM AGAINST THE CITY: Claim submitted by Daryn Dal~ Mercurlo for damages
purportedly resulting from collision with city vehicle, on August 3, 1966,
was denied, as recommended by the City Attorney, and ordered referred to the
Insurance Agent, on motion by Councilman Pebley9 seconded by Councilman Dutton.
MOTION CARRIED.
RESOLUTION NO. 66R-595: On the recommendations of the City Engineer, Councilman
Chandler offered Resolution No. 66R-595 for adoption~
Refer to Resolution Book.
9677
City Hall~ Anaheim~ California - COUNCIL MINUTES - September 6th~ 1966~ 1:30 P.M,
Engineering study was placed on the east wall of the Council
Chamber indicating the effect on properties of three alternate alignments
in acquiring the ultimate right-of-way of 106 feet along La Palma Avenue.
City Engineer 3ames P. Maddox explained the alignments as follows (Pursuant
to written study dated August 30~ 1966, copies furnished each Councilmen):
Alignment A, indicated in blue on said study, requires equal
dedication from each side of the existing centerline, at a total estimated
cost of $8309720.00.
Alignment B, indicated in orange on said study, requires all
additional right-of-way to be acquired from the north side of the existing
centerline, except where it is necessary to met the easterly and westerly
termini of this study~ at a total estimated cost of $885,960.00.
Alignment C~ indicated in green on said study, requires dedication
in some areas from the north side only~ in other areas from the south side
only, and~ in still other areas~ from both sides~ at a total estimated cost
of $651,645.00. This alignment was designed specifically to reduce total
costs.
Discussion was held by the City Council and Assistant City
Manager regarding budgeted amount for remodeling the bleachers at La Palma
Stadium on the west side; the projected timing for acquisition of necessary
right-of-way; the necessity for acquiring the total parcel in some instances;
and the position of the property owners in the interim° Should the precise
alignment be established at this time~ it was suggested that a projected
program of acquisition also be established in conjunction therewith.
At the conclusion of the discussion, Councilman Chandler moved
that decision on General Plan Amendments Nos. 73 and 74 be further
continued to December 6~ 1966, 7:00 P.Mo, and requested that opinion '
appraisals by the City's R~ght-of-Way Division of each parcel of land
involved be furnished to the City Council prior to said date. Councilman
Schutte seconded the motion. MOTION CARRIED.
PUBLIC HEARING - RECLASSIFICATION NO. 66-67-6~ CONDITIONAL USE PERMIT NO, 867
AND VARIANCE NO. 1816: Submitted by Ray and Elva Braden~ William C. and
3osephine Chandlee~ Herbert C. and Phyllis Newsome~ and William L. and
3oanna Ro Krogsdale~ requesting change of zone from R-i to C-1 on portions
1 and 2, and permission to establish a service station within 75 feet of
an R~i zone on Portion 1, and a waiver of the maximum building height on
Portlon 2; R-1 property described as follows: Portion 1~ southeast corner
of Brookhurst Street and Cerritos Avenue; Portion 2~ adjacent %o Portion
1 on the south, fronting on Brookhurst Street.
The City Planning Commission pursuant to Resolution PC66-34
recommended approval of said reclassification~ subject to the following
conditions:
That the owners of subject property shall deed to the City of Anaheim
a strip of land 32 feet in width~ from the centerline of the street~
along Cerritos Avenue~ for street widening purposes.
That the owners of subject property shall deed to the City of Anaheim
a strip of land 60 feet in width, from the centerline of the street~
along Brookhurst Street~ including a 25~foot radius return~ for street
widening purposes°
That ~he owners o£ subject proper~y shall pay to the Gity of Anaheim
the sum of 15¢ per front foot along Brookhurst Street and Cerritos
Avenue for tree planting purposes~
4. That Condition Nos. 1, 2~ and 3, above mentioned, shall be complied
with within a period of 180 days from the date hereof, or such further
time as the City Council may grant.
5o That any air=conditioning facilities proposed shall be properly shielded
from view from abutting streets and the sound buffered from adjacent
residential homes~ prior to final building and zoning inspections.
Pursuant to Resolution Noo PC66~35, the City Planning Commission
granted said conditional use permit, subject to the following conditions:
9678
City Hall, Anaheim, California - COUNCIL MINUTES - September 6th, 1966, 1:30
That this Conditional Use Permit is granted subject to the completion of
Reclassification No. 66.~67-6.
2. That the sidewalks shall be installed along Brookhurst Street and Cerritos
Avenue, as required by the City Engineer and in accordance with standard
plans and specifications on file in the office of the City Engineer.
3. That the curbs and gutters shall be repaired along Cerritos Avenue, as
required by the City Engineer and in accordance with standard plans
and specifications on file in the office of the City Engineer°
4~ That Condition Nos° 2 and 3, above mentioned, shall be complied with prior
to final building and zoning inspections~
5~ Ihat subject property shall be developed substantially in accordance with
adopted Service Station Minimum Site Development Standards, prior to
final building and zoning inspections.
The City Planning Commission pursuant to Resolution No. PC66-36
granted said variance~ subject to the following conditions:
1. That this Variance is granted subject to the completion of Reclassifica-
tion Noo 66-6?-6°
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim, marked Exhibit
Nos. I and 2.
3. That any air-conditioning facilities proposed shall be properly shielded
from view from abutting streets, and the sound buffered from adjacent
residential homes~ prior to final building and zoning inspections.
Mr. Thompson noted the location of subject property and the
existing uses and zoning in the immediate area~ summarizing the evidence
submitted to and considered by the City Planning Commission°
Plans and the files were reviewed by the City Council and Mayor
Krein asked if the representative of the petitioners wished to address the
City Council.
Mr~ J. W. Reagan~ of Reagan and Shoemaker, 451 South D Street,
Tustin, Agent for the Petitioners, advised that Brookhurst Street was
designed on the Master Plan of Streets and Highways as a primary highway,
and currently has a traffic count of 27,000 vehicles both ways, while Cerritos
Avenue has a count of 6~000 vehicles. This heavy volume of traffic caused
subject properties to be undesirable for residential purposes, and extremely
difficult to rento Further~ he noted that when one of the applicants
attempted to sell his home~ the Federal Housing Administration refused re-
financing on the grounds that the house was unacceptable for residential
purposes~
Mr. Reagan called attention to property across Brookhurst Street
to the west~ which was zoned R-1 by the County of Orange in 1954; since
that time, the County has rezoned that area to Residential-Professional,
and he noted the commercial uses ~n existing residential structures in the
area.
Mr. Reagan further advised that they have on file with the title
company a waiver of deed restrictions on subject property prohibiting the
commercial use thereof, signed by over 51 percent of the property owners in
Tract No. 2015~
In conclusion, Mr. Reagan explained that the market proposed on
Portion 2 was planned for a 12-£oot height with a 20-foot setback to allow
screenin9 of air-conditionin9 equipment to be located on the roof. He was
of the opinion that the property owners were sufferin9 a hardship and
requested subject applications be approved.
The Mayor asked if anyone wished to address the City Council in
opposition°
Mr. Robert Portillo, 2118 West Lullaby Lane, objected to the pro-
posed development on the basis that it would establish a precedent for
additional commercial uses, and he failed to see the need therefor~ since
there are nine service stations within a one-half mile radius, as well as
seven grocery stores and many other commercial facilities~ He advised that
9675
C.~ty Hall~ Anaheim~ California - COUNCIL MINUTES - September 6th, 1966, 1:30 PoM.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AND
AUTHORIZING THE EXECUTION OF UTILITIES AGREEMENT NO. 7Ut-3088 WITH THE STATE
OF CALIFORNIA~ FOR THE RELOCATION OF SANITARY SEWERS TO CLEAR THE CONSTRUC-
TION AREA OF THE SANTA ANA FREEWAY AT KATELLA AVENUE.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-595 duly passed and adopted.
CORRESPONDENCE: The following .correspondence was ordered received and filed,
on motion by Councilman Dutton, seconded by Councilman Pebley:
City of Stanton Resolution No. 596 urging the Orange County Board of
Supervisors to submit the Orange County Flood Control District bond issue
to the vote of the people at the earliest possible date.
b, Financial & Operating Reports for the month of 3uly, 1966.
MOTION CARRIED.
ORDINANCE NO. 2318: Upon report from the City Attorney that Pacific Drive-In
Theatres Corpo~ has reached a satisfactory agreement with the developers
of commercial property south and east of the intersection of Lemon Street
and Orangethorpe Avenue concerning lighting and signing, Councilman Chandler
offered Ordinance No. 2318 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (65-66-114 - C-2)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton~ Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Ordinance No. 2318 duly passed and adopted.
ORDINANCE NO. 2319: Councilman Dutton offered Ordinance No. 2319 for adoption.
Refer to Ordinance Book°
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,
SECTION 14~32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING.
(No parking at any time, portions of Winston Road and Vernon Street)
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNC I LMEN:
ABSENT: COUNCILMEN:
Dutton~ Pebley~ Schutte, Chandler and Krein
None
None
The Mayor declared Ordinance No. 2319 duly passed and adopted.
ORDINANCE NO. 2320: Councilman Pebley offered Ordinance No. 2320 for adoption.
Refer to Ordinance Book.
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 14, CHAPTER 14.32,
SECTION 14.32.190 OF THE ANAHEIM MUNICIPAL CODE, RELATING TO PARKING.
(No parking at any time, portions of Euclid Street)
Roll call vote:
9676
City Hall~ Anaheim~ California - COUNCIL MINIfrES - September 6th~ 1966~ 1:30 P.M.
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Ordinance No. 2320 duly passed and adopted.
ORDINANCE NO. 2321: Councilman Schutte offered Ordinance No. 2321 for first
reading.
AN ORDINANCE OF THE CITY OF' ANAHEIM AMENDING TITLE 18 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO ZONING. (65=66-118 - C~i)
ALCOHOLIC BEVERAGE LICENSE APPLICATION: Application submitted by Sam E. Meyer
on behalf of The Southland Corporation~ for New Off-Sale Beer and Wine
license at Speedee Mart #269, 2145 East Ball Road (C-1 zone), was presented
by the Assistant City Manager to the City Council for their information.
No Council action was taken on the foregoing application.
ANAHEIM CI/Y CHARTER - RECOMMENDED AMENDMENTS: Discussion was held regarding
Anaheim Chamber of Commerce recommendations for amendment to the Anaheim
City Charter, as set forth in their letter dated August 22, 1966 and submitted
to ~he City' Council August 30, 1966..
It was moved by Councilman Krein, seconded by Councilman Schutte,
that said recommendations of the Anaheim Chamber of Commerce dated August 22~
1966~ be considered by the City Council and further studied.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton~ Pebley~ Schutte and Krein
Chandler
None
MOTION CARRIED.
RECESS: Councilman Pebley moved to recess to 7:00 P.M. Councilman Dutton
seconded the motion. MOTION CARRIED. (2:35 P.M.)
AFTER RECESS: Mayor Krein called the meeting to order~
PRESENT:
ABSENT:
PRESENT:
COUNCILMEN: Dutton~ Pebley~ Schutte, Chandler and Kreino
COUNCILMEN: None.
ASSISTANT CITY MANAGER: Robert Davis.
CITY AT/ORNEY: 3oseph Geisler.
DEPUTY CITY CLERK: Aloha M. Fattens.
CITY ENGINEER: 3ames P, Maddox~
DEVELOPMENT SERVICES DIRECTOR: Alan Go Orsborn~
ASSISTANT DEVELOPMENT SERVICES DIRECTOR: Robert Mickelson.
ZONING SUPERVISOR: Ronald Thompson.
PLANNING SUPERVISOR: Ronald Grudzinski~
PARKS AND RECREATION DIRECIOR: 3ohn Collier.
TRAFFIC ENGINEER: Edward Granzow.
INVOCATION: Reverend Fred Dommer~ of Lamb of God Lutheran Church, gave the
Invocation,
FLAG SALU/E: Councilman Chandler led the Assembly in the Pledge of Allegiance
to the Flag.
GENERAL PLAN AMENDMENTS NOS. 73 AND 74: Public hearing was held May 10, 1966~
to consider proposals to amend the Circulation Element of the Highway Rights-
or-Way of the General Plan~ to establish the width of the south side of La
Palma Avenue~ a primary street as 53 feet between Anaheim Boulevard and the
Atchison, Topeka and Santa Fe Railroad Right-oral,ay on the east (Amendment
No. 73), and Harbor ~oulevard on the west (Amendment No. 74)~ The hearin9
was continued to June 28, 1966, at which time the hearing was closed and
decision continued to this date to allow completion of proposed study
explorin9 the possibilities of widenin9 on the north side of La Palma Avenue.
9679
~it¥ Hall~ Anaheim, California ,o COUNCIL MINUTES - September 6th~ 1966~ 1:30 P.M.
he and Mr. Crawford~ of 2169 West Harle Avenue~ were authorized to re-
present many persons in the area~ and they objected to a service station
and market with their bright lights and resulting additional traffic in
an area already congested with heavy traffic.
Mrs, Portillo submitted and read a petition of opposition signed
by approximately 241 residents in the area within one-half mile radius of
subject property~ in addition to a letter of opposition signed by Mr. and
Mrs. George 3affray 3to, who could not be present. He was of the opinion
that over 51 percent of the property owners could not of signed the waiver
of deed restrictions~ according to the reactions of residents called upon
to signed their petition of opposition.
In conclusion~ Mr. Portillo was of the opinion that the proposed
service station and market would not serve residents of the tract, as they
would have to turn left onto Brookhurst Street from Cerritos Avenue, and
turn left again to reach the property. He requested that their neighbor-
hood established for 13 years~ be afforded the protection that planning
and zoning should give.
In response to Mayor Krein s question, many persons in the Council
Chamber raised their hands indicating the presence in opposition.
Mro Frank G. Crawford~ 2169 West Harle Avenue, addressed the
Council concurring with statements of Mr. Portillo~ and pointed out that
owners of property immediately adjacent to subject property signed the
petition of opposition because they were certain their property values
would be lowered if the development took place. Regarding his own property~
he advised that he maintains a patio and a swimming pool which is located
three feet from the property line adjacent to the proposed market.
Mr. Crawford was of the opinion that there was no problem in
renting residential properties in the area, and noted that all four homes
in question have access to garages from Cerritos Avenue. He thereupon
requested denial of subjec~ applications.
Mr~ Harold Hartley~ Realtor, 918 ]Nest Lincoln Avehue, advised
that homes fronting or siding on arterial thoroughfares are nearly
impossible to sell for residential purposes.
He reported that the developer filed the waiver of deed restrictions,
which was signed by over 51 percent of the property owners in the tract
including those immediately adjacent to subject property, and he submitted
a copy of said waiver and signatures.
Mr. Crawford advised that his property was immediately adjacent,
yet he had not signed the waiver.
Mr. Hartley noted that the only signatures necessary were from
owners of property in Tract No. 20159 and residents fronting on West Harle
Avenue are located in Tract No. 1781.
In response to question of Mr. Schonau, of 2106 West Harle Avenue,
Mr. Mickelson went to the area map posted on the east wall of the Council
Chamber and pointed out the division between the two tracts, being the
north boundary of properties on the north side of 19est Harle Avenue.
Mayor Krein announced that sufficient evidence had been received
from those present~ and thereupon declared the hearing closed.
RESOLUTION NO. 66R-596: Councilman Chandler offered Resolution No. 66R-596
for adoption~ denying Reclassification No. 66~67~6.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM FINDING AND
DETERMINING THAT A CHANGE OF ZONE SHOULD NOT BE GRANTED IN A CERTAIN
AREA OF THE CITY HEREINAFTER DESCRIBED. (66-67~6)
Roll call vote:
9680
City Hall~ Anaheim~ California - COUNCIL MINUTES September 6th, 1966, 1:30
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-596 duly passed and adopted.
RESOLUTION NO. 66R-597: Councilman Chandler offered Resolution No. 66R-597
for adoption, denying Conditional Use Permit No. 867.
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING
CONDITIONAL USE PERMIT NOo 8670
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-597 duly passed and adopted.
RESOLUTION NO~ 66R-598: Councilman Chandler offered Resolution No. 66R-59'8
for adoption~ denying Variance NOo 1816o
Refer to Resolution Book.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DENYING
VARIANCE NO. 1816.
Roll call vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
Dutton, Pebley, Schutte, Chandler and Krein
None
None
The Mayor declared Resolution No. 66R-598 duly passed and adopted.
AD3OURNMENT: Councilman Chandler moved to adjourn° Councilman Dutton seconded the motion° MOTION CARRIED. (8:35 P.M.)
Deputy City Clerk
Conditions of Reclassif±cation 66-67-7 and Cond±tional Use ?erm±t 868 (See ?age 9669):
The ¢±ty Plann±ng Comm±ss±on pursuant to Resolution No. PC66-37 recommended
approval of said reclass±£ication, subject to the following conditions:
1. That the owners of subject property shall deed to the City of Anaheim a str±p of
land 32 feet in width, from the centerline of the street, along South Street,
for street widening purposes.
2. That the owners of subject property shall deed to the City of Anaheim a strip of
of land 53 feet in width, from the centerline of the street, along State College
Boulevard, including a 25-foot radius corner return, for street widening purposes.
3. That Condition Nos. 1 and 2 above mentioned, shall be complied with within a period
of 180 days from the date hereof, or such further time as the City Council may grant.
4. That any air-conditioning facilities proposed shall be properly shielded from view
from abutting streets, and the sound buffered from adjacent residential homes,
prior to final building inspection.
5. That landscaping, including irrigation facilities, shall be installed and main-
tained in the northerly 35.69 feet of subject property, as stipulated by the petitioner,
prior to final building and zoning inspections.
The City Planning Commission pursuant to Resolution No. PC66-38 recommended
approval of said conditi6nal use permit, subject to the following conditions:
1. ~at this Conditional Use Permit is granted subject to the completion of Re-
classification No. 66-67-7.
2. That all construction shall be in accordance to the Uniform Building Code as adopted
by the City of Anaheim.
3. That subject property shall be developed substantially in accordance with adopted
Service Station Minimum Site Development Standards.
4. That subject property shall be developed substantially in accordance with plans and
specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, 4, 5,
6, and 7; provided, however, that landscaping, including irrigation facilities, shall
be installed and maintained in the northerly 35.69 feet of subject property, as
stipulated by the petitioner, prior to final building and zoning inspections.