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69R-182RESOLUTION NO. 69R -182 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2045 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Broadway Village, a Limited Partnership, owner by Raymon0 N. Rough, agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: South 2 acres of the Southeast Quarter of the North- east Quarter of the Northeast 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, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the Office of the County Recorder of said County. EXCEPT the easterly 279.33 feet thereof. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on February 26. 196? 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 -35 recommending that Variance No. 2045 be denied 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 variance and did set a public hearing thereon to be held on the 8th day of April 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 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 establishment of a 66 -unit, three- story apartment complex on the property herein before described with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1. Maximum balcony projections into required yard, Stairway location inside setback (Section 18.04.090[2-e]); 2. Minimum floor area of a dwelling unit (Section 18.28.050[3]); 3. Maximum building height (Section 18.28.050[5 -a]); 4. One story height limitation (Section 18.28.050[5 -b]); 5. Minimum building setback from a local street (Section 18.28.050[6 a -4]); 6. Minimum distance between parallel facing walls of same building (Section 18.28.050[7 -a]); 7. Minimum width of pedestrian passageway (Section 18.28.050[7 -d]); 8. Adequate circulation for vehicles including trash collection and fire vehicles (Section 18.28.050[9 -a]); 9. Minimum number of off- street parking spaces (Section 18.28.050[10 -a]); 10. Minimum width of parking spaces (Section 18.28.050[10 -c]); 11. Required 6 -foot masonry wall along the east and west property lines (Section 18.28.050[11]); and 12. Minimum building site area per dwelling unit (Section 18.32.050[2]). That said variance is granted subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification No. 68- 69 -62. 2. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building and zoning inspections. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building and zoning inspections. 4. That a 6 -foot masonry wall shall be constructed along the west, east and north property lines east of the terminus of Catalpa Avenue prior to final building and zoning inspections. 5. That the drainage shall be discharged in a manner which is satisfactory to the City Engineer prior to final building and zoning inspections. 6. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes, prior to final building and zoning inspections. 7. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1, 2, 3, 4, 5, 6, and 7. The City Council hereby reserves, the right to revoke such variance permit for good cause or failure of said owner its 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 8th day of April, 1969. ATTEST: 12 MAYOR OF E 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 No. 69R -182 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 8th day of April, 1969, by the following vote of the members thereof: (SEAL) 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 No. 69R -182 on the 8th day of April, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 8th day of April, 1969. CI Y CLERK OF THE CIT F ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R -182 duly passed and adopted by the Anaheim City Council on April 8, 1969. (1 City Clerk