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1960-5935A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1221, WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from BROADWAY HALE STORES, INC., owner of certa n real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lot 9 of the Anaheim Homestead Tract, in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 26, Page 10 of Miscellaneous Maps, in the Office of the County Recorder of Los Angeles County, California. EXCEPT the West 20.00 feet thereof. ALSO EXCEPT the North 630.88 feet thereof, measured from the centerline of North Street adjoining said lot on the North. Said land is included within the area shown on a map filed in Book 35, Pages 15 and 16 of Record of Surveys, in the Office of the County Recorder of said County. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on March 21, 1960 notices of which said public hearing were duly given as required by law and the provi- sions of Section 9200.17 of the Anaheim Municipal Code; and WHEREAS, said City Planning Commission, after due in- spection, 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. 202 Series 19 59 -60 recommending that Variance No. 1221 be denied; and RESOLUTION NO. 593 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 variance, and said appeal was set for public hearing on April 12 19_60L, 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 Section 9200.17 of the Anaheim Municipal Code; and WHEREAS, after due investigation and studies made by it- self 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 circum- stances or conditions applicable to the prop- erty 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 pre- servation and enjoyment of a substantial prop- erty right possessed by other property in the same vicinity and zone and denied to the prop- erty in question. -1- 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. 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 to Broadway -Hale Stores, Inc. to use the property hereinabove described for the parking of automobiles of employees of the Broadway- Orange County Shopping Center, upon the following conditions: 1. That a wall six feet in height shall be constructed along the east and south sides of the property. 2. That the property shall be landscaped and planted on the north, south and east sides as recommended by the Parks and Recreation Department and approved by the City Council. 3. That the parking lot lights shall be a sufficient distance below the top of the six foot wall so that the light will not shine in the neighboring back yards. L. That the width of the landscaped strip shall be 12z feet back of the property line along Westmont Drive, between the sidewalk and wall. 5. That ornamental street lights shall be installed in accordance with City standards; or the owner of the property shall pay to the City of Anaheim the sum of $2.00 per front foot for street lighting purposes. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its heirs, successors or assigns, to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance is granted to the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is signed by and approved by me this 12th day of April, 1960. ATTEST: CLE K 0 THE CITY OF ANAHEIM -2- ivAYOR OF T E CI OF ANAHEIM 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. 5935 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 April, 1960 by the following vote of the members thereof: AYES: COUNCILMEN: Fry, Pearson and Schutte. NOES: COUNCILMEN: Coons and Thompson. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim ap- proved and signed said Resolution No 5935 on the 12th day of April, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of April, 1960 (SEAL) CI CLERK OF THE CITY OF ANAHEIM