56R-3453
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RESOLUTION NO. 3453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DENYING Till.: R};QUEST OF PROPERTY
OWNERS FOR REVOCATION OF VARIANCE NO. 552 AND
APPROVING 'l'l:!E VARIANCE AS GRAlIl"TED BY THE CITY
PLANNING COMI:ISSION AND SUBJECT TO THE FUR THER
CONDITION THAT APPLICANT PLANT TREES ALONG THE
SOUTH1!:RLY BOUNDA.TiY OF THE PROF.ri.:RTY
~HEREAS, on the 2nd day of May, 1956, the City
Planning Commission of the City of Anaheim did receive a
Peti tion from the pr'operty o;mers of certain real property
situated in the City of Anaheim, County of Orange, State of
Cal ifornia, des cribed as fOllo,,"18:
The Southeast corner of Orange and Brookhurst
being 385.73 feet on Orane,-e Avenue and 660.03
feet on Brookhurst Stre8t, less the existing
filling station, this being a portion of the
Northwest quarter (NWi) of the Northwest
quarter (NWi) of the Southwest quarter (SWi)
of Section 17, Townsl1p 4 South, Range 10 West,
S. B. B. & M.; and
Wffi.REAS, the City Planning Commission did hold a
public hearing in the City Hall in the City of Anaheim upon
said petition on May 21, 1956 at the hour of 2:00 o'clock
P. 1:1., notices of which said public hearing were duly given
as required by law and the provi sions 0 f Section 9200.17 of
the Anaheim Nun.icipal Code; and
"JHEBEAS, saio. Commission, after due inspection,
investige.tion anei studies made by itself and in its behalf
ano. after due consideration of all evidence and reports
offered at said hearing, did adopt its Resolution No. 193,
Series 1955-56, granting Variance No. 552 upon the terms and
condi tions specified and set forth in said Resolution; and
WHEREAS, no aopeal was filed with the City Council
wi tt.in twenty days from and after the date upon which said
Variance was granted; and
WHE~AS, on August 6th, 1956 a request was received
by the City Council from Elizabeth Zill acting for the residents
of Sherwood Forest Tract No. 2537, requesting a hearing before
the City Council regarding the granting of said Variance No. 552
and the City Council did thereupon fix a date for the hearing of
said request, to wit; August 28, 1956; and
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~-JHEREAS, on said Augus t 28, 1956 the City Council
did hole and conduct a publ1.o 1-'.e<lrinp: and did receive evidence
and reports relating to said Variance and relating to the matter
of whether or not substantial improvements or progress in the
accomplishment of the purposes of the variance had been made by
the property owner of the property affected by said Variance
and did thereupon refer the IT~tter to the City Attorney for a
legal opinion and con tinued the hearin€,; upon said applicD tion
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for the revocation of saie Variance to September 4, 1956; and
i,H:HY:AS, upon saill 4th 6..ay of September, 1956 said
matter came on regularly for further hearing and. the written
opinion of the City Attorney was received, read and filed
ane:. the Oi-cy Council does fine thnt the owner of the property
a~fected by said Variance has made substantial progress towards
ths accomplishment of the purposEE authorized by the Variance
in reliance thereon an'.1. has expended in excess of Ten Thousand
Dol1s,rs ($10,000.) in 1:;000 faith to accomplish the purposes
authorized by the Variance and that saie Variance should not be
revoked bu"c that the Variance as granted by the Planning
Commission be aJproved upon the further condition that ApplicB.nt
plEmt trees alene:: the Southerly boundary of the property.
NmJ Tl-LcHEF ORE , BE IT RESOLVED by the City Council
"GllDt the actien of the City Plenning Comlllission in granting
Variance No. 552 upon the terms ano. conditions set forth in
Resolut~on No. 193 upon the te~'ms ana.. conditions therein
specified be, anc the same is, uereby approved, subject to
tLW furthel' condition that the masonry 1vall requil'ed to be
CfistrLlcteo. as 8. conci.ition of the granting of the said Variance
by the Plannin,< Commission shou16. be at least above the highest
grouncl level, with a66i tional screening to be provided by the
plhntinc of trees alen;: the Southern boundary 0= the property.
nle City Council L1ereby y'eserves the right to revoke
such variance .!)ermi t for [;ooci cause or failure of said owner
or theil~ 11eirs, s~cce,"SOr8 or a,ssigns to comply with the Anaheim
l,funicipal Code a no. reijulations aile, the conditions herein. Said
variance is granted for the term ;Jrescribed by the Anaheim Munici-
paJ., Code unlest otherwise specified. herein.
THE FOREGOL.G RESOLUTIOI': is signed &nd approved by me
this 4th Qay of Septemher, 1956.
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MAY R OF iHf 8ITY 'OF
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ANAHEIM '
ATT'EST:
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kx-<-'?J( k'~.d-n~-
CITY CLERK 0::" THE TY OF ANAHEIM
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STA'.:'E C;: CALEOHl.:IA
COUNTY 0::' ORJU(GE
cn'y 01' ANAHED1
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) 13 s.
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I, DENE f'i.VlILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the foregoing resolution
was intro~uced ami. aciopte6 at an adjourned regular meeting
provided by law, of the Cit,!, Council of the City of Anaheim,
held. on the 4th day of September, 1956, by the following
vote:
AY'.:.S:
NOES:
COUNCILIvlEN: Pearson, Coons, Fry, Schutte
ane.. 'tlis ser
COUNCILMEN: None
ABSENT: COUNCILMEN: None.
And I lurth",:' certify that the Mayor of the City of
Anaheim approved 8,nd signed said resolution on the 4th day of
September, 1956.
IN '.HT,,;ES:c 'Al-lLm~OF, I hc:;.ve hereunto set my hand and
affixed the o.(ficicl seal of the City of Anaheim this 4th day
of September, 1956.
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~y CLERK 0 T C~ ANAHEIN
(SLAL)
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