1961-7146RESOLUTION NO. 7146
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 1377
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from the heirs
of Carl Fluegge, Deceased, owners of certain
real property situated in the City of Anaheim, County of Orange,
State of California, described as follows:
The East 132.20 feet of the West 257.37 feet of
the North 329.50 feet of the Northeast quarter
of the Northeast Quarter of the Southwest Quarter
of Section 28, Township 4 South, Range 10 West,
in the Rancho Las Bolsas, City of Anaheim, County
of Orange, State of California, as per map re-
corded in Book 51, Page 10 of Miscellaneous Maps,
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 July 10, 1961 notices of which said
public hearing were 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. 4 Series
19 61 -62 recommending that Variance No. 1377 be denied
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
variance, and said appeal was set for public hearing on
August 8 1961 at 7:00 o'clock P.M. at the
City Hall in the City of Anaheim, and notice of such public hear-
ing 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:
-1-
ATTEST:
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
materially detrimental to
injurious to the property
such vicinity and zone in
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 it does hereby find that the business
being conducted on the property hereinabove described is a non-
conforming use; that the non conforming use is that of a spray
business, which includes the necessary storage and repair of
spraying equipment; and that there is no other non conforming use
attributable to the property, but that subject property is also
used for residential purposes.
BE IT FURTHER RESOLVED that Conditional Zoning Variance
No. 1377 be, and the same is hereby, granted permitting the
construction of a 30' x 60' garage on the property hereinabove
described for the storage of vehicles used in the operation of
the non conforming use, and in connection with the residential
use of subject property, so long as said non conforming use is
not expanded.
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 approved and signed by me
this 29th day of August, 1961.
MA 0 OF
variance will not be
the public welfare or
or improvements in
which the property
HE CI F ANAHEIM
(SEAL)
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 foreguing Resolution No. 7146 was introduced
and adopted at a regular meeting provided by law, of the C ity Council
of the City of Anaheim, held on the 29th day of August, 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 sigre d said Resolution No. 7146 on the 20th day of August,
1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of the City of Anaheim this 29th day of August, 1961.
CITY CLERK OF THE CITY OF ANAHEIM