Loading...
59R-5222 ~ RESOLUTION NO. 5222 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM RESCINDING RESOLUTION NO. 4591 AND REVOKING THE VARIANCE PERMIT THEREBY GRANTED TO ALLAN L. CAMPBELL. WHEREAS, heretofore, to wit, on the 17th day of June, 1958, the City Council of the City of Anaheim did duly pass and adopt Resolution No. 4591 granting Variance No. 970 to Allan L. Campbell, 11611 Desmond Street, Garden Grove, California, to construct and operate a restaurant and cocktail bar on the follow- ing described property situated in the City of Anaheim, County of Orange, State of California, to wit: The North 70 feet of the South 140 feet of the East 390.82 feet of the following described property: Beginning at a point on the East line of Section 18, Township 4 South, Range 10 West, S.B.B. & M., 50 chains North of the Southeast corner of said section, and run- ning thence West 8.77 chains; thence, North 11.41 chains; thence, East 8.77 chains; thence, South 11.41 chains to the point of beginning. AND WHEREAS, said variance was granted upon the follow- ing conditions: 1. That the buildings be constructed in accordance with the tentative or rough plan submitted to the City Council and on file with the City of Anaheim. 2. That the owner of subject property deed to the City of Anaheim a strip of land 53 feet in width from the center line of the street, along Brookhurst Street for street widening purposes. ".-..... " 3. That the owner of subject property construct or install a sidewalk on Brookhurst Street, as required by the City Engineer. AND WHEREAS, on or about the 14th day of April, 1959, the City Council did receive reports and information indicating that the terms of said variance were being violated by the owner and the lessee of the above described premises, and the City Council did thereupon direct that a citation be served upon the said Allan L. Campbell, John E. Crooks, and Robert W. Ho1stum, directing them to appear before the City Council at the City Council Chamber in the City Hall, 204 East Center Street, Anaheim, California, on the 12th day of May, 1959, at the hour of 7:00 o'clock P.M., to show cause, if any they had, why Resolution No. 4591 granting Variance No. 970 should not be rescinded and the variance therein granted, revoked, for failure to comply with the terms and conditions of said variance and with the provisions of the Anaheim Municipal Code; and WHEREAS, the City Council does find that a citation was issued by the City Clerk of the City of Anaheim and was served upon John E. Crooks on the 29th day of April, 1959, and on Allan L. Campbell prior to the 1st day of May, 1959, and on Robert w. Ho1stum by serving a copy thereof upon John E. Crooks prior to the -1- - ,,"""""" 1st day of May, 1959, directing them to appear before the City Council on the 12th day of May, 1959, at the hour of 7:00 o'clock P.M., to show cause, if any they had, why Resolution No. 4591 granting Variance No. 970 should not be rescinded and the variance therein granted, revoked, for failure to comply with the terms and conditions of said variance and with the provisions of the Anaheim Municipal Code; and WHEREAS, the City Council does further find that at the time and place specified in said notice, the said Allan L. Campbell appeared in person and testified in said proceedings, and that John E. Crooks appeared for himself and on behalf of Robert W. Holstum and participated in said hearing; and WHEREAS, evidence, both oral and documentary, was pre- sented to the City Council by the City Attorney upon the issue of whether or not the terms and conditions of said variance and the provisions of the Anaheim Municipal Code had been violated; and WHEREAS, the said Allan L. Campbell did appear and testify in his own behalf, and the said John E. Crooks did appear and testify in his own behalf and on behalf of Robert W. Holstum, and that upon the conclusion of the testimony offered by all parties concerned in said proceedings, the matter was submitted to the City Council for its consideration and decision; and WHEREAS, the City Council does find the following facts: 1. That the restaurant and cocktail bar authorized to be constructed, operated and maintained upon said premises was not constructed, operated or maintained within six (6) months from and after the date of the granting of said variance, or at all. 2. That there has been operated and conducted upon said premises an on-sale beer business without a license from the City of Anaheim and without the operation of a restaurant or eating establishment in connection therewith. 3. That said premises are located in an R-A Zone in the City of Anaheim as established by the Anaheim Municipal Code; that neither on-sale nor off-sale liquor establishments are authorized in an R-A Zone without the granting of a variance or a conditional use permit; that neither the property owner nor the lessee nor anyone has obtained from the City of Anaheim a variance or conditional use permit authorizing the maintenance and operation of an on-sale beer establishment, and that the same is operated in violation of the provisions of the Anaheim Municipal Code. - 4. That said building has not been constructed nor completed in compliance with the conditions of said Variance No. 970, nor in accordance with the plans on file in said proceedings in the office of the City Clerk, nor the plans on file in the office of the Building Inspector of the City of Anaheim. -2- --. - 5. That amusement devices are being operated in said premises without a license, contrary to the pro- visions of the Anaheim Municipal Code. 6. That for the foregoing reasons and the foregoing grounds the City Council does find that the terms and conditions of said Variance No. 970 have not been complied with by the applicant nor the lessee nor by anyone in their behalf, and that the property and premises are being used in violation of the terms and provisions of the Anaheim Municipal Code, and that said Resolution No. 4591 should be rescinded and Variance No. 970 revoked, and good cause exists therefor. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Resolution No. 4591 passed and adopted by the City Council on the 17th day of June, 1958, be, and the same is hereby rescinded, and that Variance No. 970 thereby granted and authorized, be, and the same is hereby revoked. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of May, 1959. MAiloJmE 8~LM AT1E$T: /d:t~:~t~~~EIM STATE OF CALIFORNIA ) C<.)t1HTY OF ORANGE } s s . CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of May, 1959, by the following vote: AYES: COUNCILMEN: Borden, Coons, Fry, Pearson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 12th day of May, 1959. - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of May, 1959. ~ ~-~ ~ ~~. THE~EIM (SEAL) -3-