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.
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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