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69R-283RESOLUTION NO. 69R -283 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2078 in part WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from RnhPrt S. McMich as agent for John W. and Mildrpd SP2py nwpers of certain real property situated in the City o aheim, County of Orange, State of California, described as follows: Commencing at a point 658.7 feet North of marked "W.N.H." and "H.C.K." on the South Section Nine (9), Township Four (4) South Ten (10) West, S.B.B. M. in the City of the same being the Southwest corner of a tract sold by D.W.C. Cowan to Dr. Wm. N. by deed recorded in Book 34, page 457 of records of Los Angeles County, California thence North 365.3 feet, more or less, to stake; thence East 363.7 feet to a corner "H.C.K. thence South 365.3 feet thence feet to the point of beginning. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on April 21, 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 -91 recommending that Variance No. 2078 be approved in part, 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 thh r ction taken by the City Planning Commission in granting in said variance and did set a public hearing thereon to be held on the 20th day of May 19 69 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 a stake line of Range Anaheim, 20 -acre Hardin, Deeds, running a corner post marked West 363.7 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 development of a 10 -lot subdivision with duplexes on the hereinbefore described property with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1. Minimum lot width, Section 18.28.050[1 -b]); 2. Minimum setback from an interior lot line, (Section 18.28.050[6- b -2]), except for Lots 4 and 5 of Tract 6819; and 3. Required screening of parking facilities from adjacent street (Section 18.28.050[10 -e]). That this variance is granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 68- 69 -87. 2. That the sidewalks shall be installed along Pearl Street and the new street, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 3. That Condition No. 2 above mentioned shall be complied with prior to final building and zoning inspections. 4. That subject property shall be developed sub- stantially in accordance with plans and speci- fications on file with the City of Anaheim, marked Exhibits Nos., 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12; PROVIDED THAT the structural setbacks along the north boundary of subject property (Lots Nos. 4 and 5 of Tract No. 6819) shall be in conformance with minimum standards specified in the R -2 Zone. -2- 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 FOREGOING RESOLUTION is approved and signed by me this 20th day of May, 1969. ATTEST: ,1 21. C Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE SS. 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 20th day of May, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 20th day of May, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 20th day of May, 1969. (SEAL) MAYOR 0 THE I OF ANAHEIM C I Y CLERK OF THE CITY OF ANAHEIM