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69R-158RESOLUTION NO. 69R -158 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2055 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from R. J DIXON, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The Northerly 100 feet of Lot 5, measured along the Easterly line thereof and the Westerly 35 feet of the Northerly 100 feet of Lot 4 of Tract No. 1120, as shown on a map thereof recorded in Book 41, page 12, Miscellaneous Maps, records of said Orange 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 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. PC69-38 recommending that Variance No. 2055 he 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 19 69 at 1:30 o'clock P.M. in the City Hall in he 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 to permit the expansion of an existing brake shop with waiver of the following Anaheim Municipal Code requirement, on the property hereinbefore described, subject to the conditions hereinafter set forth: A waiver of the minimum number of required parking spaces, (Section 18.44.0303[5 -a] of the Anaheim Municipal Code). That said variance is granted 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 along Lincoln Avenue and 40 feet in width along East Street, with a 25 -foot radius property line return, for street widening purposes; and that said dedication shall be complied with prior to the time the building permit is issued or within a period of 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. 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 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. 4. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. 1; PRO- VIDED, HOWEVER, that an overhead door shall be constructed so that parking located at the rear may be reached by passing through from front to rear of the structure. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner his 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: CI Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM SS. 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. -3-- 22:74 -3 kot CITY 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 -158, duly passed and adopted by the Anaheim City Ceincil on April 1, 1969. City Clerk