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70R-460 RESOLUTION NO. 2DR=AE~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEHl GRAl\jTING VARIANCE NO. 21 q6 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from pnnn~rosc Homes as agent for Matiam C. Vierra, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the northwest quarter of the northwest quarter of Section 20, Township 4 South, Range 10 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as said section is shown on a map recorded in Book 51 page 10 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at a point on the west line of the northwest quarter of said Section 20 south 942.60 feet from the north- west corner of said Section 20, said point being north 10.00 feet from the southwest corner of that certain 14.46 acre parcel of land conveyed to Lucy Frances Ball by deed recorded June 16, 1897 in book 32 page 68 of Deeds, records of Orange County; thence North 462.80 feet along said west line to the northwest corner of said 14.46 acre parcel; thence east 1332.30 feet along the north line of said 14.46 acre parcel to the northeast corner of said 14.46 acre par- cel; thence South 222.80 feet along the east line of said 14.46 acre parcel; thence west 550.94 feet parallel with the north line of said 14.46 acre parcel thence south 240.00 feet parallel with the east line of said 14.46 acre parcel to a point north 10.00 feet from the south line of said 14.46 acre parcel; thence west 780.66 feet, parallel with said south line to the point of beginning. Except that portion thereof, if any, included within the Kellogg Homestead Tract, as per map recorded in book 8 page 51 of said Miscellaneous Maps. AND WHEREAS, the City Planning Commission did hold a public hearing at the 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. PC70-157 ~pprnving Variance No. 2196 subject to conditions t:h~rein set forth i and -1- e_. ,._........~~"",_..._"..,. .w 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 approvinq said variance and did set a public hearing thereon to be held on the 22nd day of September, 19 70 , at 1: 30 0 I 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 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 one and two-story 228-unit apartment complex on the property hereinbefore described with \vaivers of the following Anaheim ~lunicipal Code requirements or limitations, subject to the conditions hereinafter set fortn: SECTION 18.28.050(7) Minimum distance between build- ings (19, 28 and 36 feet required; 10, 15 and 20 feet proposed). SECTION 18.28.05D(5~b) ~laximum height within 150 feet of R-A zoned property. (One-story permitted; tVJO-story proposed). SECTION l8.Ld.050(6:?~~) Minimum required side yard setback. (14 feet requiredi 10 feet proposed) . 'lhat said variance be granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 70-71-9. That subject property shall be de~e~ope~ substan~ially in accordance with plans and s?ec~f~cat~ons on f~le 2. -2- with the City of Anaheim, marked Exhibit Nos. I, 2, and 3, provided however, that the circulation pattern and landscaping treatment therein shall be revised and sub- mitted to the Development Services Department for approval. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, J.lis heirs, successors or assigns to comply "'lith the Anaheim lvlunicipal Code and regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim 11unicipal Code unless otherwise specified herein. ThE FOREGOING RESOLUTION is approved and signed by me this 22nd day of Se~tenilier, 1970. (.~-.~d;' .~ 1'0: R OF THE CITY ATTEST: .~' OF ANAHEIM STATE OF CALIFO~~IA ) COUNTY OF ORANGE ) ss. CI'rY OF ANAHEIM ) I, DENE M. WILLIAHS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 22nd day of September, 1970, by the following vote of the members thereof; AYES: COUNCILr1EN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCIL~mN: None ABSENT: COUNCILMEN: None &~D I FURTHER 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. '-~ 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-460 duly passed and adopted by the Anaheim City Council on September 22, 1970. ~ ; Af~ )d. )~ -~'- City Clerk ROF:kw ,.-;----.-.., ^-""-"..^.".-,~._", -~."~_...~"_...,.""""",,,,,.....,