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63-0952RESOLUTION N0, 63R-952 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1608 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from ARION, INC. a owner i'- of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows That portion of the northwest quarter of the north- east quarter of Section 17, Township 4 South, Range 10 West, in the Rancho Los Coyotes, 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, as said northeast quarter is indicated on a map of Tract No. 647, recorded in Book 20, Page 34 of Miscel- laneous Maps, records of said Orange County, described as follows: 19 63 §4 Beginning at the northeast corner of said northwest quarter of the northeast quarter; thence westerly 98.00 feet along the North line of the northwest quarter of the northeast quarter; thence South 300.00 feet along the easterly line of the land described in deed to Patrick G. O'Keefe and wife, recorded November 10, 1955, in Book 3278, Page 385 of Official Records; thence East parallel with said North line to the East line of said northwest quarter of the northeast quarter; thence North along said East line to the point of beginning. EXCEPT the North 66.00 feet thereof, as granted to the State of California, in deed recorded August 7, 1957, in Book 3998, Page 7 of Official Records. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on October 28, 1963 notice of which said public hearing was duly given as required by law and the provi- sions of Title 18, Chapter 18076 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. 950 Series recommending that Variance No, 1608 _granted, Gā€˛cljPrt 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 6th day of November 19 63 at 7:00 o'clock P.M. in the City Hall in the City 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 circumstances 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 preservation 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 2 -1/2 story height limitation on the property herein before described to allow the construction of a three story office building, subject to the following conditions: 1. 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 inspection. 2. That a strip of land of a minimum width of three feet shall be landscaped and said landscaping maintained along the Lincoln Avenue frontage, as indicated on Exhibit No. 1 on file with the City of Anaheim; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said land- scaping shall be installed prior to final building inspection. 3. That a six -foot masonry wall; measured from the highest grade level of abutting properties, shall be constructed along the south property line adjacent to the single- family develop- ment to the south of subject property; and that said wall shall be constructed prior to final building inspection. 4. That all air conditioning facilities shall be properly shielded from view from the street and from the single family development to the South. 5. That tree wells shall be provided at approxi- mately 40 -foot intervals in the Lincoln Avenue parkway abutting subject property; that plans for said tree wells and the plant ings therein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted with trees prior to finial building inspection. 6. That this variance is granted subject to the completion of Reclassification Proceedings No. 63 -64 -53 now pending. The City Council hereby reserves the right to revoke such Variance Permit for good cause or failure of said owner, its 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 26th day of November, 1963. ATTEST: OR OF THE CITY OF ANAHEIM