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70R-526 - RESOLUTION NO. 70R-526 - A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF M~AHEIM GRM~TING VARIM~CE NO. 2197, IN PART. WHEREAS, the City Planning Co~ission of the City of Anaheim did receive q petition for zoning variance from JOHN T. and ~HYLLI~ ALLEN, ~~ners of certain real prop~rty situated in the City of Anaheim, County of Orange, State of California, described as follows: That ?ortion of Lot 4 o~ Tract No. 153, in the City of A..."1ahein. Countv .:):: Oran;-e, Statr::; or California.. as ?er ma? recorded i~ Book 11: Pass 46, of Miscellaneous 1"L"'1.:::'8, ill. the Of:i::iciO' of thr,; Comit:' Recor.:'1er of said County. COffi,T;1encing at t'E; SO;lthe;l.st: c;)rr'(~r of the 1::md conveyed to G12~n G. Fry and others by ~eed recorded March 29, 1955, in Book 30J2, Page 442; Official Records, in the Office or the County Recorder of said County; s.J.id corner being in the easterly lin~ of saia lot distant thereon 229.95 feet southerly fro~ th~ northeasterly corner of said lot, and running th2~C~ w0sterly along the southerly line of said land of Fry, 125 feet more or less, to an intersection with the northerly prolongation of the westerly line of the land conve~~d to L.D. St2e~e and wife, by deed recorded April 4, 1955; in Book 3018: Page 547, Official Records, in the Office of th:~ COU1J.ty Recorder of said County 1 s.:,dC1 point b'.:~in.~'- thr true point of beginning of the boundary of t'>.c land d?scribed hc):,pin- thence conti:'1u- ir~ westerly a1on~ the southerly line of said land of Fry, 74.28 feet. more or less! .to the easterly line of the land convevrd to Jose~h D. Huarte and wife. bv deed recorded A;ril 13. 19~4; in Book 2708, paq~ 5~5r Official Records, in the Office of the County Recorder of said County i thence sOtl"therly alol1<Cf said cr:tsterly line, and the souther].'-l extension thereof. 280.12 feet more or less, to the center line of S"c,'Y'lor:::;' St;-:-3'3.t, 60.00 feet in width; thence easterly along said cert:er liD~ 72.84 feet more or less, to the intersection with the southerly prolongation of the westerlv line of said land of L.D. Steere referred to above. thCi"~P. norther] y alo:1~T sa.iCJ \'lesterly line and its 3out112rly and northerl:' nrolonuv.t.ions, 280.11 feet more or less to the true Doint of bcc;L'HlinrJ. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on SeDtemger 10, 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. PC70-163 denying Variance No. 2197 and '-1- .0'---'" WHEREAS~ thereafter, within twenty-two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission ___denvinq, said verlence, and said appeal was set for public hearing on ~e~~ ~ ' 19~, at 1:30 o'clock PoMo at the City ~In e i ty of Anahe~and notice of such publ ic hear ing -~s duly given as required by law and the provisions of Title 18, Chepter 18076 of the Anaheim Municipal Code~ and WHEREAS, after due investigation and studies made by Itself and in its be~Blf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and determine that~ 10 There are exceptional or extraordinary clrcum- stance$ or conditions applicable to the property involved or to the intended use of the property that d0 not apply generally to the property or class Of use in the same vicinity and zoneo 20 That such a variance is necessary for. the preserva- tion and enjoyment of a substantial property r~ght posses$ed by other property in the same vicinity and zone and denied to the property in questlono 30 That the granting of such variance will not be materially detrimental to the public welfare or injurious to the properly or improvements in such vicinity and zone in which the property is locatedo 40 That the granting of such variance will not adversely affect the comprehensive general zoning piano NOW~ THERErORE~ BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the same is hereby granted. in part; to establish an existing apartment as a conforming use on R-3; MULCl'IPl,E Flu'ULY ZONE r property denying Waiver (A) to wit: (A) Section 18.28.050(3} 7'J'1C f.linimum required dwelling unit floor area. ana grantina Waiver (B) to wit: (B) Section 18.28.050 (lO-a) Minimum number of required lV,IC parking spaces ~nd subject to tne condition that the sub-standard apartment, i.e., the one converted into E'J.n a?art.ment with minimum required floor area be converted into storage space with parking prohibited at this area as stipulated by th2 apolicant. - '.rho City Council he rob:' reserves the right to revoke c:;ucn variancc'"1ermi t for good cause or failure of said owner , its ,:;uccessors or assiqns f 1:0 com;)lv with the Anaheim I\lunicipal Code and the regulations and the conditions herein. Said variance is 0ra~ted for the term vrescribed by the Anaheim Municipal Code unless otheD~i3e specified herein. -2- this THE FOREGOXNG RESOLUTION is approved and signed by me 3rd day of November , 19 ~ ATTEST: ~ ~/J ~ ~ . - .. ',/./~ . , MA: H - OF TIlE CI 0 ANAHE~M ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify th4t the foregoing resolution was passed and adopted at a regular 'meeting of the City Council held on the 3rd day of November , 19 70 , by the following vote of the members thereof: AYES: COUNCILMEN: COUNCILMEN: COUNCILMEN: Clrtrk; Ste~)henson 1 Pebley and 'Tllom Dut.ton NOES: ABSENT: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and' signed said resolution on the 3rd day of -iovemhpr , 19 --1JL. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 3rd day of Jovember , 19-2JL. ~ ( ~- - :2 ~. - :~ /J(, ,-V-U"'..e~ CI - -CLERK OF TIlE CrTY 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-526 duly passed and adopted by the Anaheim City Council on November 3, 1970. Aj/.>L X 20~ City Clerk "AL/ms ...............-,~"'_..".,""""