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1961-7213RESOLUTION NO 7213 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 13 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from MAX McHENRY and DONNA J. McHENRY owners o cer a n rea proper y s tua e n the Cfty of `'Anaheim, Tounty of Orange, State of California, described as follows: The West 100 feet of the East 310 feet of the Southwest quarter of the Southwest quarter of the Southwest quarter of Section Fourteen, Township Four South, Range Eleven West, S. B. B. 8 M. EXCEPTING THEREFROM the North 26L feet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City in the City of Anaheim upon said petition on August 21, 1961 notice of which said public hearing was duly given as required by law and the pro- visions 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. Series 19 61 -62 recommending that Variance No. 13 7 e granted _upon the conditions set forth therein and 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 26th day of Se tember 19 61, at 7 :00 o'clock P.M. in the City Hall ii he City of Anah"eT 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: 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 single -story height limitations on the property hereinabove described, subject to the following conditions: 1. That this variance is granted subject to the approval by the City Council of Petition for Reclassification No. 61- 62 -13. 2. (a) That subject property shall be developed substan- tially in accordance with plans on file with the City of Anaheim, marked "Exhibits 1 and 2," with the exception that 6 -foot masonry walls shall be constructed on the east, north and west boundary lines; and (b) that a bond in an amount and form satisfactory to the City of Anaheim shall be posted with the City to guarantee the construction of said walls. That a 15 -foot landscaped front yard setback shall be established and maintained; that plans for said land- scaping shall be submitted to and approved by the Superintendent of Parkway Maintenance of the City of Anaheim; and that said landscaping shall be installed prior to final inspection of the buildings to be con- structed on the property. That the owners of subject property shall deed to the City of Anaheim a strip of land 53 feet in width, from the center line of the street, along Ball Road for street widening purposes. 5. That all engineering requirements of the City of Anaheim, such as curbs and gutters, sidewalks, street grading and paving, drainage facilities, or other ap- purtenant work shall be complied with as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 1. There are exceptional or extraordinary circum- stances 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 preserva- tion 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. -2- 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 Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is signed and approved by me this 26th day of September 19 61 ATTFEST: 6. That the owners of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Bali Road, for street lighting purposes. 7. That Conditions Nos. 2(b), L., 5 and 6, 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. aG�� CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) AYES: COUNCILMEN: NO S: COUNCILMEN: ABSENT: COUNCILMEN: MAYOR O HE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 26th day of September 19 61 by the following vote of the members thereof: Chandler, Coons, Fry, Thompson and Schutte. None. None. And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of September 19 61 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 26th day of September 19 61 3- CITY CLERK OF THE CITY OF ANAHEIM