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69R-726 - RESOLU'I'ION NO. .--....... .- j ,-~; \./ --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIB GRANTIl~G VARIANCE NO. :2137 WHEREAS, the City Planning Commission of the C~t~ of Anaheim did receive a petition for zoning variance from i~llce B. ~:.L..i: J' : ~ ,.\,.::-~, ::-: :~~ .. ,lIl c~ < ~ ..-" . ':': <'I:: I ::::,C i .-.:. ,; .2; r:,. t, of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: :~o~t 3 ~ 7 (X': ~r2ct 12 5 r2corC ~_OO.,', ,1-:: T"-:-"",-":,':' .L c;.';j___--: . - - _ :_ z:: c.: ~~ -'_.!... i;~ r. ,,'2:~ ....~~ '~ '-" ,~ . ~ .:: ,~.- . t. ~~ Cj ~"- 1:1. .-::,--:~_ 'F1- . - ~ ~. ._, ..~~ f', _ ,-, 1 ",.,' .'-. ~- . ,. ~ ' L ~:;l:.:_~ .._ - - --;..'........... -~......" .....>1,. -..1-. .....;.,.l..,.... . "- .'- '~-', .- - <-., "'..- '" AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said peti tion on ...(),\l'_l.~jc:';=~' 17; L' .' , 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 6S ~33i -cu" '.":.::__,_ ~..'.',.~ Variance No. :1'37.c- ..t,IU.U:.., i and -1- - 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 denYin~ said variance, and said appeal was set for public hear~ng on Decffb~r~~rd , 19 -.9-9-- ' at 1: 30 0 I clock P.M. at the City Ha ~n the City of Anahe~, 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 ~s hereby granted permitting the expansion of a legal, non-conforming use on the property hereinbefore described, with waivers of the following Anaheim Municipal Code requirements: 1. Minimum required front setback adjacent to a major arterial highway (Section 18.28.050 (6a-l) . 2. Minimum distance between buildings (Section 18.28.050 (7-a) . 3. Minimum required outdoor recreational leisure space (Section l8.32.050(4-a). Subject to the following conditions: 1. That the owner of subject property shall deed to the City of Anaheim a strip of land 53 feet in width from the centerline of the street along Anaheim Boulevard, for street widening purposes. 2. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot -2- along Anaheim Boulevard, for street lighting pur- poses. 3 . That the owner of sub ject property shall pay to the City of Anaheim the sum of l5~ per front foot along Anaheim Boulevard, for tree planting purposes. 4. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 5. That all air-conditioning facilities shall be pro- perly shielded from view, and the sound buffered from adjacent residential structures. 6. That Co~ditions Nos. 1, 2, and 3, above mentioned shall be complied with prior to the commencement of the activity authorized under this resolution or prior to the time that the building permit is issued, or within a period of 180 days from the date hereof, whichever occurs first, or such further time as the City Council may grant. 7. That Conditions Nos. 4 and 5, above mentioned, shall be complied with prior to final building and zoninq inspections. 8. That the owner of subject property shall pay to the City of Anaheim the sum of $75.00 per multiple- family unit, to be used for park and recreation purposes, said amount to be paid for the new apartment unit only at the time the building permit is issued. 9. That subject property shall be developed sub- stantially in accordance with plans and specifi- cations on file with the City of Anaheim, marked Exhibits Nos. 1, 2, and 3. 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 Munici- pal Code and regulations 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 23rd day of December, 1969. ATTEST: ~~/~' C. . CLE O~ TIlE ~ANABEIM WPH/smf/1-28-70 -3- -,=>_'_.''''_-O___~.-- __ ~, STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) ss. ) I, DENE M. wtLLlAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution Np. 69R-726 was intro- duced and adopted at a, regular meeting provided by law, of ,the City Council of the City of Anaheim, held on the 23rd day of December, 1969, by the following vote of the members thereof: AYES: COUNCtLMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNC[LMEN: None ABSENT: COUNC1LLMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and s~gned said Resolution No. 69R-726 on the 23rd day of Dec- ember, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of dhe City of Anaheim this 23rd day of December, 1969. (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of-Anaheim, do hereby certify that the foregotgg is the original of Resolution No. 69P-726 duly passed ~ adopted by the Anaheim City Council on Dec- ember 23, 1969. il.- ~ ~~;~ , City Clerk '-----'"