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63-0643RESOLUTION NO. 63R -643 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1582 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from MILES 0. HANN owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lot No. 1 of Tract No. 1948, as shown on a map recorded in Book 58, Pages 41, 42 and 43 of Miscellaneous Maps, records of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on June 24, 1963 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. 804 Series 19 recommending that Variance No. 1582 be denied 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 den in said variance, and said appeal was set for public hearing on July 30 19 63 at 7 :00 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- NON, 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 the establishment of a real estate office on the property hereinabove described, subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Magnolia Avenue, for street lighting purposes. 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 tone. 2. That such a variance is necessary for the preserva- tion 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. 2. That subject property shall be developed sub- stantially in accordance with plans on file with the City of Anaheim, marked "Exhibit No. 1." 3. That the Magnolia Avenue frontage of the existing structure shall be repainted, and no other alterations shall be made, unless approved by the City Council. Further, that the front yard area of the property shall be fully landscaped; that tree wells shall be provided in the Magnolia Avenue parkway; that plans for said landscaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that such landscaping shall be a condition of use of subject property. 4. That only one sign shall be permitted on subject property, which shall be an unlighted sign of a maximum area of eight square feet; and that no flags, banners nor signs, other than specified herein, shall be permitted. 5. That all conditions of this variance shall be completed prior to the issuance of a business license for the proposed use of subject property. 6. That Variance No.1114, permitting the establish- ment of an accounting office on subject property, shall not be exercised at the same time as the use permitted by this variance. 7. That Condition No. 1 above mentioned shall be complied with within a "period of 180 days from date hereof, or such further time as the City Council may grant. 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 30th day of July, 1963. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 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 30th day of July, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Krein and Chandler. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Coons. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 30th day of July, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 30th day of July, 1963. ITY CLE`K OF THE CITY OF EIM 3-