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69R-160RESOLUTION NO. 69R -160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2058 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Anne Henning Paulis, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: All that portion of the Northwest quarter of the Southwest quarter of Section 7, Township 4 South, Range 9 West, in the Rancho San Juan Cajon de Santa Ana, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 10, Miscellaneous Maps of Orange County, California, described as follows: Commencing at the intersection of the center lines of Rio Vista Street and Anaheim -Olive Road, now known as Lincoln Avenue, as said streets are shown on a Map of Survey recorded in Book 21, page 45 of Record of Surveys, in the Office of the County Recorder of said Orange County, and running thence South 0° 19' 30" West, along the West line of the Northwest quarter of the Southwest quarter of said Section 7, 268.17 feet to the South line of said Northwest quarter of the Southwest quarter; thence North 89° 57' 45" East, along said South line, 332.36 feet to the true point of beginning of the land herein described; and cunning thence North 89° 57' 45" East, along said South line, 80 feet; thence North 0° 19' 30" East to an inter- section with a line parallel with and 53 feet South- westerly from said center line of Lincoln Avenue; thence North 78° 55' 30" West, along said parallel line to a point which bears North 0° 19' 30" East from the true point of beginning; thence South 0° 19' 30" West to the true 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 February 26, 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 41 recommending that Variance No. 2058 by granted, 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 granting said variance and did set a public hearing thereon to be held on the 1st day of April 1969 at 1:30 o'clock P.M. in the ty 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 a waiver of the maximum height limitation of any building or structure within 150 feet of a single family residential zone boundary (Section 18.40.070 [3 -a] of the Anaheim Municipal Code) on the property hereinbefore described, to permit the construction of a market thereon, subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Proceedings No. 68 -69 -72 now pending. 2. That the parking areas shall be lighted with down lighting of a maximum height of six (6) feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 3. 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 her 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 1st day of April, 1969. ATTEST: C E K o THE F 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 1st day of April, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Clark, Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1st day of April, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of April, 1969. (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 -160 duly passed and adopted by the Anaheim City Council on April 1, 1969. -3- CI Y CLERK OF THE CITY OF ANAHEIM City Clerk