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56R-3506 -- RESOLUTION NO. 3506 A RESOLUTION DB' THE CITY COUNCIL OF 'l'HE CITY OF AN~qEIM GRANTING VARIANCE NO. 605 I"'""' WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition from the owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That property previously occupied by the Walt Taylor Lumber Company at 125 North Manchester Avenue. This property extends southeasterly from the South line of applicant's present auto wrecking plant, 240 feet along l'.Ianchester Ave- nue and is approximately 265 feet deep, extend- ing Westerly from Manchester, and is more particularly described as follows: PARCEL 1: That portion of Lot 1 of Helen and Lynch's Subdivision, as per map thereof recorded in Book 442, at page 158 of Deeds, records of Los Angeles County, California, bounded and described as fol- lows: 3eginning at a point in the Southwesterly line of the State Highway as described in Parcel I in deed recorded September 23, 1935, in Book 78, at Page 108, of Official Records in the office of the County Recorder of said Orange County, dis- tant thereon North 4r39'06" West 24.61 feet from the intersection of said Southwesterly line by the Easterly line of said Lot 1, and running thence South 77059' West 130 feet; thence North 47039'06" West, parallel with said Southwesterly line, 120 feet; thence North 77059' East 130 feet to said Southwesterly line of the State Highway; thence South 4r39'06" .c<.:ast, along said South- westerly line, 120 feet to the point of beginning. PARCEL 2: That portion of Lot 1 of Helen and Lynch's Subdivision, in the City of Anaheim, County of Orange, State of California, as s~own on a map thereof recorded in Book 442, at page 158 of Deeds, records of Los Angeles County, California, bounded and described as follows: ~ Beginning at a point in the Southwesterly line of the State Highway, as described in Parcel 1 in deed recorded September 23, 1935, in Book 780, at page 108 of Official Records, in the office of the County Recorder of said Orange County, distant thereon North 47039'06" West 144.61 feet from the intersection of said Southwesterly line by the Easterly line of said Lot 1, and running thence South 77059' West 130.00 feet; thence North 470 39'06" West, parallel with said Southwesterly line, 120.00 feet; thence North 77059' East 130.00 feet to said Southwesterly line; thence South 470 39'06" East along said Southwesterly line 120 feet to the point of beginning. PARCEL 3: Beginning at a point in the North line of that certain property described in deed recorded in Book 109, page 162 deed records of Orange County, California; said point being located 130.00 feet -1- - .~ South 77059' ;,vest from the intersection of the Southwesterly line of the State Highway as des- cribed in Parcel 1 in Deed recorded September 25, 1935, in Book 780, page 108 of Official Records of Orange County, California, with the West boundary line of the City of Anaheim run- ning from said point of beginning South 77059' _ West 15L~.35 feet to the Northeasterly right of way line of the Southern Pacific Railway; thence North 5r09 130" West lL~6 .69 feet along said right of Ha}" line; thence North 0020 '30" West 113.89 to a point; thence North 77059' East 81.71 feet to the Westerly corner of that certain parcel of land conveyed to Edward Jt.Jagner and wife by deed recorded September 5, 1946, in Book 1432, page 296 of Official Records of Orange County, Calif- ornia; thence South 47~39'06" East 264.61 feet to the point of beginning. Reserving therefrom for egress and ingress the right of way over the Southeasterly and South- westerly 20 feet thereof. Bein~ a part of Lot 1, Helen and Lynch Sub- division. AND WHEREAS, the City Planning Commission did hold a public hearin7 at the City Hall in the City of Anaheim on August 6, 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 ~{EREAS, said City Planning Commission, after due in- spection, investigation and studies made by itself and in its behalf, and after due considerction of all evidence, and reports offered at said hearing, did adopt Resolution No. 24, Series 1956-57 recommending that Variance No. 605 be denied for the reasons therein stated; and WHEREAS, thereafter, within twenty (20) 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 denying said vari- ance, and said appeal was set for public hearing on September 11, 1956, at 7:00 o'clock P.N., at the City Hall in the City of Anaheim, and notice of such public hearing was duly given as re- quired by law and the provisions of Section 9200.17 of the Ana- heim Municipal Code; and \~~EREAS, at the time and place fixed for said public heari.ng the Ci ty Council did duly }-lOld and conduct such public hearing and did give all persons interested therein an opportu- nity to be heard and did consider evidence and reports, and did thereupon continue the matter to September 25, 1956, to allow time for working out conditions to be established for this type of business and for inspection of the premises; and ,.-.. WHEREAS, the Oi ty Council cid on September 25, 1956, agree to grant said variance upon certain conditions hereinafter set forth and did again continue the matter for a further period to enable said applicant to submit plans to be passed upon by the City Council; and -2- - -. WHEREAS, the City Council does ~ind that: ,---- 1. There are exceptional or extraordinary cir- cumstances 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 substan- tial property right possessed by other pro- perty 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 wel- fare or injurious to the property or improve- ments 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, Th~REFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a conditional zoning variance be, and the smne is hereby granted to Kenneth E. Clark, 137 North Man- chester Avenue, Anaheim, California, to expand his automobile wrecking yard to include the property hereinabove described, upon the ~ollowing conditions: 1. That bla~topped off-street parking for customers only be provided. 2. That the parking area be marked for stalls, as per drawing submitted and on file with the City o~ Anaheim. 3. That the property be surrounded with an eight- foot corrugated iron or aluminum fence, to be kept in good repair. 4. That a concrete block fence be installed where shown on the drawing on file with the City of Anaheim. 5. rfhat no materials be stacked so that they are visible from the highway. 6. That signa shall be limited to one double-~aced neon sign on poles as covered by the Building Code; and one other sign parallel to the building, which sign shall not exceed 2' x 8' in size. ,.,- 7. That said applicant shall ~lrnish to the City of Anaheim a faith~ul perfDrmance bond in an amount of $10,000.00 to assure proper upkeep and compliance with conditions herein set forth. 8. That the buildings now located on the property shall be brought up to and comply with building code standards. -3- ...- - "..... 9. That all construction, alterations, etc. shall be in accordance with plans and drawings submitted and on file with the Ci ty of Anaheim. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner or 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 Muni- cipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION this 9th day of October, 1956. ATTEST: ~~-?f' ~~~&f l'NmIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Ana- heim, do hereby certify that the ~oregoing resolution was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 9th day of October, 1956, by the following vote: AYES: COUNCILMEN: Coons, Fry, Schutte and Wisser. NOES: COUNCILMEN: Pearson. ABSENT: COUNCI~lliN: None. And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 9th day of October, 1956. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal or the City of Anaheim this 9th day of October, 1956. , . '?/=' ,"- I ,,~~.)/f ~ - . , ITY CLERK OF THE CITY OF ~IM (SEAL) r" -4-