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70R-605 ~ RESOLUTION NO. 70R-605 ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF N~AHEIM GRM~TING VARIANCE NO. 2214 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Pacific TeJephone ~nd Teleqraph_~ owner of certain real property siEuated in the City of Anaheim, County of Orange, S.tate of California, described as follows: Those certain parcels of land located in the City of Anaheim, County of Orange, State of California, described as follows: Lots 2 through 16, inclusive, in Block G of the New Subdivision of Vineyard, Lot D-5, as shown on a map recorded in Book 17, page 72 of Miscellaneous Records of Los Angeles 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 O~rohpr 19 1970 , 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 Municipal Code; and WHEREAS, said City Planning Commission, after due inspection, investigation and studies made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, did adopt Resolution No. PC 70-191 granting Variance No. 2212 ; and -1- 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 granting said variance and did set a public hearing thereon to be held on the 15th day of December, 1970, and continued to the 29th day of December, 1970, at 1:30 o'clock P.M. in the City Hall 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: 1. There are exceptional or extraordinary circum- stances 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. 2. That such a variance is necessary for the preserva- tion and enjoYment of a substantial property right possessed by o~her property in the same vicinity and zone and denied to the property in question. 3. 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. 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 the construction of a 225-foot microwave tower on the property hereinbefore described with waiver of the following Anaheim Municipal Code requirement or limitation: SECTION l8.44.020(1) Maximum building height (75 feet permitted; 225 feet proposed). That said variance be granted subject to the following conditions: 1. 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, and 4, provided, however, if a 4th story is not to be constructed, revised plans shall be submitted to staff for approval prior to the issuance of a building permit. 2. That this variance shall be in effect for a period of three years to allow time for its construction, and that at the end of said three years if any additional time is necessary, a time extension equal to the original three years may be granted by the Planning Commission and/or City Council. -2- The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its 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 approved and signed by me this 29th day of December, 1970. ATTEST: DENE M. WILLIAMS, CITY CLERK / -') '1 ,;;;;- ./ By lA:_L~1~ /' r' ~/ C<.,.-A,,/U::rt_<, CITY CLERK OF THE CITY OF ANAHEIM Deputy STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution NO.70~-69i was passed and adopted at a regular meeting of the City Counc~ held on the 29th day of December , 19 70, by the following vote of the members thereof: --- AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILIVI..EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of December , 19~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 29th day of December , 19 -1.L. DENE M. WILLIAMS, CITY CLERK /- \ . . By ~0~ICU )17. ~a/~~ Deputy CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-60S duly passed and adopted by the Anaheim City Council on December 29, 1970. "'-", DENE M. WILLIAMS, CITY CLERK By (~~ ~>-71 Cv )}1 (ff;A/('Z'7~' Deputy WPH : k,'l -3-