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69R-052RESOLUTION NO. 69R -52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2037. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Fredricks Development Corporation, owner of certain real pro- perty situated in the City of Anaheim, County of Orange, State of California, described as follows: The West 11 acres of the South half of the South half of the Southwest quarter of Section 1, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as shown on a Map thereof recorded in book 51, page 10, Miscellaneous Maps, records of said Orange County; EXCEPTING THEREFROM the Southerly 200 feet of the Westerly 200 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 December 16, 1968, 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. PC68 -359, recommending that Variance No. 2037 be 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, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission granting said variance, subject to a certain condition set forth in said resolution, and said appeal was set for public hearing on Janu- ary 28, 1969, at 1:30 o'clock P.M. at 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 a waiver of the permitted uses (Section 18.40.020 of the Anaheim Municipal Code) to allow the establishment of a retail tire, battery and automobile acces- sory store on the property hereinbefore described, 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 and zoning inspections. 2. 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. 3. 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, and shall be installed prior to final building and zoning inspections. 4. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibits Nos. 1, 2 and 3. 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 28th day of January, 1969. ATTEST: CI CLERK OF THE CITY OF ANAHEIM MAYOR OF CITY OF EIM STATE OF CALIFORNIA COUNTY OF ORANGE SS. CITY OF ANAHEIM I, DENE M. WILLIAM4, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R -52 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of January, 1969, by the following vote of the members thereof:. (SEAL) AYES: COUNCILMEN: Dutton, Krein, Schutte and Pebley NOES: COUNCILMEN: Clark ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No.,69R -52 on the 28th day of January, 1969. IN WITNESS WHEREOF, I have hereunto set-:my hand and affixed the official seal of the City of Anaheim this 28th day ©f January, 1969. CI ,CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the originalof Resolution No. 69R -52 duly passed and adopted by the Anaheim City Council on January 28, 1969.