70R-006
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RESOLUTION NO. 70R-6
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GFANTING VARIANCE NO. 2141
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from FRANK
MULLER, OWNER;._ JAM1!S . ELKINS, LEXINGTON DEVELOPMENT CORP., AGENT;
of certain real property situated in the City of Anaheim, County
of Orange, State of California, described as follows:
The Westerly 468.01 feet of that portion of the South-
east quarter of Section 8, Township 4 South, Range 10
West in the Rancho Los Coyotes, in the City of Anaheim,
County of Orange, State of California, shown as Parcell
on a map filed in Book 10, page 35 of Parcel Maps in the
Office of the County Recorder of said County.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
petition on December 1, 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. PC69-247
recommendinq that Variance No. 2141 be~ranted subjec~ to the
conditiqns therein_set forth ; and
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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 grantin~___ said variance and
did set a public hearing thereon to be he d on the 6th day
of January , 19~_, 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
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HHEREAS, after due investigation and studies made by
ltself and in ltS behalf, and after due conslderation of all the
evidence and reports offered at said hearing, the City Council
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 possessed by other property in the same
viClnlty 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 Counc~l of
the City of Anaheim that a conditional zoning variance be, and
the same is hereby granted permitting the establishment of an
86-unit, two story apartment complex upon the property hereinbefore
described with waiver of the following Anaheim Municipal Code
requirements or limitations and subject to the conditions herein-
after set forth:
1. Minimum distance between buildings. {Section 18.28.050
(7-a)
2. The above mentioned waiver is granted on the basis
that the waivers are applicable only to pedestrian
accessways and areas separating apartment units and
carports.
That this variance is granted subject to the following conditions:
1. That this variance is granted subject to the completion of
Reclassification No. 69-70-27, now pending.
2. That subject property shall be developed substantially
in accordance with plans and specifications on file
with the City of Anaheim, marked Exhibits Nos. land 2.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner, his
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 other-
wise specified herein.
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this
THE FOREGO~NG RESOLUTION is approved and signed by me
6th day of January , 19~.
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ATTEST:
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CIT C RK OF THE CI OF ANAHEIM
STATE OF CALIFORNIA
COUNTY OF ORANGE SSe
CITY OF ANAHEIM
I, DENE M. WILLIAMS, 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 6th
day of January ,19 70 ,by the following vote of the members
thereof:
AYES:
COUNCILMEN: Dutton, Krein, Schutte, Pebley and
Clark
COUNCILMEN: None
NOES:
ABSENT:
COUNCILMEN: None
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 6th day of
January ,19 ..:l..Sl.- .
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 6th day of
January ,19~.
( SEAL)
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CIT CLE OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby
certify that the foregoing is the original of Resolution No. 70R-6, duly passed
and adopted by tbe Anaheim City counc~~rY ~
City Clerk
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lAlPH/ms -1- 2 7 -70
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