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69R-620 RESOLUTION NO. 69R-620 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2125 IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from AUSTIN B. FORDYCE and DAVID C. TOMS, OWNERS, and JAMES HODGES, AGENT of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lot 23 of Tract No. 3611 in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 132, pages 20 and 21 of Miscellaneous Maps, in the Office of the County Recorder of said County. Except an undivided 1/2 of all minerals, ores, precious and useful metals, substances and hydrocarbons of every kind and character, including petroleum, oil, gas, asphalt- um and tar, as granted to Elaine Seitz Eley, a married woman, by deed filed April 22, 1954, as Document No. 28994 in the Office of the Registrar of Titles. The South 150 feet of the West 75 feet of the East 291 feet of the Southeast quarter of the Southwest quarter of the Northwest quarter of Section 26, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, City of Anaheim, County of Orange, State of California, as per map recorded in Book 51, Page 10 of Miscellaneous 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 October 6, 1~69 , 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 69-206 granting Variance No. 2125 be approved in par~, 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 gT~nring iR,rtsaid variance and did set a public hearing thereon to be neld on the 4th day of November , 19 69 , at 1:30 o'clock P.M. in the City HallIn 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 , - 'i'JIIEREAS, after due investigation and studies made by itself and in lts behalf, and after due cons~deration 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 variance 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. NOW, 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 a three-story, 48-unit apartment complex on the hereinbefore des- cribed property with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1. Maximum building height, Section 18.28.050 (S-a) 2. Maximum building height within 150 feet of R-l or R-A zoned properties, Section 18.28.050 (5-b) 3. Minimum distance between buildings or structures, Section 18.28.050 (7-a), granted in part in that the 36-foot required distance between the parallel facing walls of the westernmost portion of the building may be reduced to a minimum of 20-feet; That this variance is granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 69-70-13. 2. That subject property shall be developed sub- stantially in accordance with plans and specifica- tions on file with the City of Anaheim, marked Exhibits Nos. 1 and 2; provided, however, that any windows proposed in the interior corridors, where plans indicate windows opposite each other, shall be deleted and blank walls provided; and further provided that pedestrian accessways between carports and living units shall meet Code requirements, as stipulated to by the petitioner. -2- -,-...-._.._.._..-__.~.""=,,,,-,.,=;....~..... r 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 regulations and the conditions herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FORGOING RESOLUTION is approved and signed by me this 4th day of November, 1969. ~61~ ATTEST: ~~~~AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SSe ) I, DENE do hereby certify adopted at a on the 4th vote of the M. WILLIAMS, City Clerk of the City of Anaheim, that the foregoing resolution was passed and regular meeting of the City Council held day of November , 1969 , by the following members thereof: ---- AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 4th day of November , 19 ~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 4th day of November , 19 69 . ~ //1. ~ CIT 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. 69R.6~O duly passed and adopted by the An~heim City Council on Nov- ember 4, 1969. ~. _ . ~- ")r, ~~ City Clerk -3- ="'-"-'-'~' --