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70R-463 RESOLUTION NO. 70R-463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEI~ GRAl~TING VARIANCE NO. 2171. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Alanson R. and Hazel M. Loud of certain real property situated in the City of Anaheim, Co~nty of Orange, State of California, described as follows: PARCEL A: The North half of the Northeast quarter of the Northeast quarter of Section 13, Township 4 South, Range 11 West, in the Rancho Los Coyotes, in the City of Anaheim, as said section is sho~n on a map thereof recorded in book 51, page 11, Miscellaneous Maps, records of said Orange County; EXCEPT the North 66.00 feet thereof; ALSO EXCEPT the East 1198.00 feet thereof; ALSO EXCEP'fING THEREFROM Parcels 1 and 2 that portion that is included within a strip of land 70.00 feet in width, lying 30.00 feet Northerly and Northwesterly, and 40.00 feet Southerly and Southeasterly of the following described line: Commencing at the center line intersection of Lincoln Avenue and Magnolia Street; as said intersection is shown in County Surveyor's Transit Book 108, page 49 on June 14, 1957 on file in the County Surveyor's Office of Orange County; thence South 890 25' 10" West along said center line of Lincoln Avenue 686.95 feet to the true point of begin- ning; thence South 130 25' 10" West 116.60 feet to the begin- ning of a curve tangent, concave Northwesterly and having a radius of 780.00 feet; thence Southwesterly along said curve through a central angle of 630 24' 20" an arc distance of 863.18 feet to a line tangent; thence South 760 49' 30" West along said tangent line 237.50 feet to the beginning of a curve tangent, concave Northerly and having a radius of 1000.00 feet; thence Westerly along said curve through a central angle of 120 34' 1011 an arc distance of 219.39 feet to a line tangent; thence South 890 23' 40" West along said tangent line 907.87 feet to a point on the center line of Dale Street, distant thereon South 00 28' 20" East 761.90 feet from the intersection with said center line of Lincoln Avenue as shown on said County Surveyor's Transit Book 108, page 49. FARCEL 13; The Easterly 132.50 feet of the Northeast quarter of the Northwest quarter of the Northeast quarter of Section 13, Township 4 South, Range 11 West, in the Rancho Los Coyotes, in the City of Anaheim, as said section is shown on a map recorded in book 51, page 11, Miscellaneous Maps, records of said Orange County; EXCEPT the North 66.00 feet thereof; -1- ALSO EXCEPT an undivided 35/40ths interest in a water well and pumping plqnt located 179.49 feet South and 25.00 feet West of the Northeast corner thereof. AND WHERE~S, the City Planning Commission did hold a public hearing at tne City Hall in the City of Anaheim upon said petition on August 24, 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 70-152, recommending that Variance No. 2171 be granted subject to the 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 granting said variance and did set a public hearing thereon to be held on the 22nd day of September, 1970, at 1:30 o'clock P.M. in the City HaIl 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 preser- vation and enjoyment of a substantial property right possessed by other 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 establishment of a 42-unit, two-story apartment complex on the property hereinabove described with waivers of the following Anaheim Municipal Code requirements or limitations: SECTION 18.28.050 (5-b) Maximum building height within 150 feet of an R-A zone. -2- SECTION 18.28.050(6-0-2) Minimum sideyard setback. That said variance is granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 69-70-50. 2. That subject property shall be developed substantially in accord~nce with plans and specifications on file with the City of Anaheim, marked Revision No.1, Exhibit No.1 and 2, provided, however, that the petitioners provide a~ditional landscaping in the form of grass and trees on Portion B, as stipulated by the petitioners. 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 regulation$ 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 22nd day of September, 1970. ---... C-..-\. \ t': i ~.: ~ '-;'. Ld.:c-.. > ,. -j c-J ~ "1. ~ ~~ R OF THE CITY OF ANAHEIM ATTEST: ~~)(. ~ Y CLERK OF THE C Y OF ANAHEIM ROF:kw -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify ~hat the foregoing resolution was passed and adopted at a regul~ meeting of the City Council held on the 22nd day of September, 1970, by the following vote of the members thereof: AYES: COUNCIU~~N: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FU~HER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 22nd day of September, 1970. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of September, 1970. ~)r~ CI 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-463 duly passed and adopted by the Anaheim City Council on September 22, 1970. A-L X. ~ City Clerk -4-