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1961-7285RESOLUTION NO. 7285 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1401. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Bill T. Asawa, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The westerly half of the northwest quarter of the southwest quarter of section 13, Township 4 South, Range 11 West, in the Rancho Los Coyotes, in the city of Anaheim, county of Orange, state of California, as per map recorded in book 51, page 11 of Miscellaneous Maps, in the office of the county recorder of said county. EXCEPT therefrom that portion lying northerly of a line parallel with the north line of said section and 1019.96 feet southerly, measured along the west line of said section, of the northwest corner of the northwest quarter of the southwest quarter of said section 13. ALSO EXCEPT therefrom an undivided one -half interest in and to that part of the northwest quarter of the south- west quarter of said section 13 described as follows: Beginning at a point in the south line of said northwest quarter of the southwest quarter distant thereon 355.24 feet from the southwest corner of said quarter quarter section; thence east 11.82 feet; thence north 14.95 feet; thence west 11.82 feet; thence south 14.95 feet to the point of beginning. ALSO EXCEPT therefrom the west 92 feet described in deed to the State of California filed as Document No. 22991, in the office of the Registrar of Titles 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 September 6, 1961, 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. 64, Series 1961 62, recommending that Variance No. 1401 be granted upon the conditions therein set forth; 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 certain conditions imposed by the City Planning Commission in granting said variance, and said appeal was set for public hearing on October 10, 1961, 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 -1- 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 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, 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 wholesale candy making business to be conducted on the property hereinabove described, subject to the following conditions: 1. That said Variance No. 1401 is granted for a period of 3 years from date hereof, and shall be subject to review at the expiration of said 3 -year period upon written request to the City Planning Commission. 2. That said use of subject property shall be restricted to the existing rectangular structure on said property, unless or until plans for new construction are submitted to and approved by the City Planning Commission and /or the City Council. 3. That the owner of subject property shall enter into a contract with the City of Anaheim guaranteeing the installation of off-site improvements at the time said property is developed, or, upon demand by the City if and when any adjacent property is developed. That said contract shall be in a form approved by the City Attorney. 4. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Beach Boulevard, for street lighting purposes. -2- 5. That Conditions Nos. 3 and 4 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 17th day of October, 1961. ATTEST: (SEAL) CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM 1, 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 17th day of October, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 17th day of October, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 17th day of October, 1961.