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63-0799RESOLUTION NO, 63R 799 A RESOLUTION OF THE CITY COUNC I. L OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1602 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from GLEN E. and ELIZABETH B. BOYLES and WALLACE CARTER, owners of certain real property situated in the. City of Anaheim, County of Orange, State of California, described as follows� PARCEL 1: The South 66 feet of the North 132 feet of the South half of the Northwest quarter of the South- west quarter of the Northwest quarter of Section 9, Township 4 South, Range 10 West, S. B. B. M. PARCEL 2: The East 360 feet of the North half of the North 132 feet of the South half of the Northwest quarter of the Southwest quarter of the Northwest quarter of Section 9, Township 4 South, Range 10 West, S. B. B. M. PARCEL 3: All that certain land situated in the State of California, Rancho San Juan Cajon de Santa Ana, County of Orange, City of Anaheim, described as follows: The North 66.00 feet of the South half of the North west quarter of the Southwest quarter of the Northwest quarter of Section 9, in Township 4 South, Range 10 West, as shown on a map recorded in Book 51, page 7 and following of Miscellaneous Maps, records of Orange County, California, as the Westerly portion of said section is shown on a map of survey recorded in Book 28, page 32 of Record of Surveys in the office of the County Recorder of said Orange County; EXCEPT the East 360.00 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 September 4, 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. 900 Series 19 63 recommending that Variance No. 1602 be g ranted, subject to the conditions therein set forth ;and -1- 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 1st day of October 19 63 at 7:00 o'clock P.M. in the City Ha in t e ity 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 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 two and one -half story height limitation and a waiver of the minimum off street parking space requirement on the property hereinbefore described, as well as a waiver of the block wall or solid fence requirement along the south property line abutting R -A Zone property, 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 build- ing inspection. 2. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. ATTEST: 3. 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 EXCEPT that the owners, at their option, may substitute planting in lieu of the 2 -foot block wall. 4. That a strip of land 6 feet in width shall be land- scaped and said landscaping maintained 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 landscaping shall be in- stalled prior to final building inspection. 5. That a 6 -foot masonry wall shall be constructed along the east property line, prior to final build- ing inspection. 6. That tree wells shall be provided at approximately 40 -foot intervals in the Euclid Street parkway abutting subject property; that plans for said tree wells and the plantings therein shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said tree wells shall be planted prior to final building inspection. 7. That all air conditioning facilities shall be con- tained within the building or properly shielded from view. 8. That Variance No. 1602 is granted subject to the completion of Reclassification Proceedings No. 63 -64 -31 now pending. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their 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 Muni- cipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is signed and approved by me this 1st day of October, 1963. CIT CLERK OF THE CITY OF ANAHEIM OR OF THE CITY OF AHEI 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 No. 63R -799 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 1st day of October, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No.63R -799 on the 1st day of October, 1963. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 1st day of October, 1963. CITY CLERK OF THE CITY OF ANAHEIM