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57R-3660 - RESOLUTION NO. 3660 .r- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM CONFIRMING THE ACTION OF THE CITY COUNCIL GRANTING VARIANCE NO. 669. WHEREAS, the City Planning Commission of the CIty of AnaheIm dId receIve a petItIon ftom the owner of certaIn real property situated In the CIty of AnaheIm, County of Orange, State of CalifornIa, described as follows: Commencing at a point 50 feet South of the center lIne of North West Street and West La Palma Avenue and 30 feet distant from the center line of North West Street and running Westerly a distance of 405.30 feet parallel to West La Palma Avenue; thence South at rIght angles to West La Palma Avenue a distance of 280.00 feet; thence at right angles parallel to West La Palma Avenue a distance of 430 feet, more or less; thence Northwesterly along the Westerly right-of-way lIne of North West Street a distance of 293.00 feet, more or less, to the point of beginning. (Said property is located at the Southwest corner of West Street and La Palma Avenue.) 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 3, 1956, notices of whIch said public hearing were duly given as required by law and the provisions of Section 9200.17 of the Anaheim Municipal Code; and ~ WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports of- fered at said hearing, did adopt its Resolution No. 112 -- Series 1956-1957, recommending to the City Council of the City of Anaheim that Variance No. 669 be granted permitting the erection of a professional building on subject property, but denying its use for a service station; and WHEREAS, thereafter, wit hin twenty (20) days from 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 in denying the use of subject property for a service station, and said appeal was set for public hearing on December 26, 1956, at 7:00 o'clock P.M. in 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 Section 9200.17 of the Anaheim Municipal Code; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did thereafter adopt its Resolution No. 3628 granting a conditional zoning variance to Robert P. Ralls, M.D., 13312 Verano street, Garden Grove, California, to construct a service station at the southwest corner of La Palma Avenue and West Street on the property hereinabove described, and a professional building at the rear of the -1- - r service station, with off-street parking for fifty-nine cars, as shown on a plot plan on file with the City of Anaheim, subject to the conditions set forth in said Resolution No. 3628; and WHEREAS, after said hearing had been held and said resolution adopted by the City Council it was determined that, through inadvertence or oversight, a property owner in the area in which said property is situated had not been notified of the hearing on said application for Variance No. 669, and said application was again ordered set for public hearing and reconsideration on January 15, 1957, and notices of said hear- ing were duly given as required by law and the provisions of Section 9200.17 of the Anaheim Municipal Code; and WHEREAS, after due consideration of all evidence and reports offered at said hearing held on January 15, 1957, the City Council does find 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 a variance will not be materially detrimental to the public welfare nor 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 the action of the City Council granting Variance No. 669 be, and the same is hereby, confirmed, and that a conditional zoning variance be, and the same is hereby, granted to ROBERT P. RALLS, M.D., 13312 VERANO STREET, GARDEN GROVE, CALIFORNiA, to construct a service station at the southwest corner of La Palma Avenue and West Street on the property hereinabove described, and a professional building at the rear of the service station with off-street parking for fifty-nine cars, as shown on a plot plan on file with the City of Anaheim, subject to the following conditions: ,- 1. That all engineering requirements of the City of Anaheim be complied with as re- quired by the City Engineer. 2. That all building plans be approved by the City Engineer to prevent any interference with flood control requirements. 3. That the owner of subject property deed to the City of Anaheim the land along La Palma Avenue and West Street necessary for street widening purposes. -2- - - /""'" The City Council hereby reserves the right to re- voke 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 signed and approved by me this 15th day of January, 1957. ../ ~/ "d.'/'. ./.... / 5:' './'.c--- ~!oR~T .~ ~ ~ ~- .. 'c? / , C CLERK ot ~~AiiHEIM. STATE OF CALIFORNIA ) COUNTY Of ORANGE ) s s. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of th e City of the City of Anaheim, do hereby certify that the foregoing resolu- tion was introduced and adopted at an adjourned regular meeting provided by law of the City eouncil of the City of Anaheim held on the 15th day of January, 1957, by the follow- ing vote: AYES: COUNCILMEN: Pearson, Coons, Fry and Wisser. 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 15th day of January, 1957. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 17th day of January, 1957. " ~-- ~. CITY CLER/", CI 0 ~M. (SEAL) r -3-