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70R-100 - RESOLUTION NO. 70R-IOO --~- -- A RESOLUTION OF THE CITY COUNCIL OF TH~ CITY OF ANAHEIM GRANTING VARIANCE NO. 2144. WHEREAS, the City Planning Con~ission of the City of Anaheim did receive a petition for zoning variance from Herman Margulieux as agent for I. M. Rannow, owner of certain real .prope~ty situated in the City of Anaheim, County of Orange, State of California, described as follows: The north half of the northeast quarter of the SOutheast quarter of Section 20, Township 4, Range 10. Except the West 339.48 f;eet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on _Decembe:r: 29, 1969 , 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. PC69-261 , denying Variance No. 2144 . -_.._.~-- ; 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 denying said var~ance and did set a public hearing thereon to be held on the 2Llth day of -February , 19 70, 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 ana the Provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and - - l'JHEREAS, 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 CounC11 does find and determine that: 1. There are exceptional or extraordinary Clrcum- 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 var1ance is necessary for the preser- vation and enjoyment of a substantial property right posseiSsed by other property in the same viClnity 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. Nmv, THEREFORE, BE IT RESOLVED by the City CounCll of the City of Anaheim that a conditional zoning variance be, and the same is hereby granted permitting a temporary (3 years) commercial produce market with a waiver of the fOllowing Anaheim Municipal Code requirements or limitations and subject to the conditions hereinafter set forth: Section 18.16.020 Permitted uses in R-A, AGRICULTURAL ZONE That this variance is granted sUbject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Cerritos Avenue, and 53 feet in width from the centerline of the street along Euclid Street, including a 25-foot radius property line return, for street widening purposes. The dedication of that portion along Euclid Street, in which the present building would encroach, to be made at this time, to be effective at the expiration of said variance. 2. That trash storage areas shall be provided, of sufficient size, enclosed by 6-foot redwood fence, at a location and as approved by the Director of Public Works. 3. That the produce market structure shall be brought up to the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical, Fire and Health Codes, and all other applicable ordinances as adopted by the City of Anaheim. 4. That the parking area proposed on subject property shall be appropriately treated so as to eliminate dust. -2- ........... 5. That a 6...foot redwood fence be constructed on the south pr~perty line where no solid fence exists, for a re,-sonable distance, and as determined by the Direttor of Public Works. 6. That the portion of the property used for said operation be connected to the public sewer, and that sanitary facilities, according to the State Health COde, be provided. 7. That conditions above imposed shall be complied with within a period of 60 days from date hereof. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his 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 Muni- cipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 24th day of February 1)70., A 1!J,/I , AAor(f'~ ~~ o~~' ATTEST: ANAHEIM FAL:jl 4/29/70 -3- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ~. I, DENE M. WILLIAMS, City Clerk of the City of A~aheim, do hereby certify that th~ foregoing Resolution No. 70R-lOO was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City'ofAnaheim, held on the 24th day of February, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNc1LMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 70R-lOO on the 24th day of February, 1970. IN WITNESS ~EREOF, I have hereunto set my hand and affixed the official seal of tije City of Anaheim this 24th day of February, 1970. ~)r. C Y CLERK OF ~ THE CITY OF ANAHEIM (SEAL) I, DENE M. W~LLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 70R-lOO duly passed and adopted by the Anaheim City Council on February 24, 1970. ~)r.~ City Clerk