1962-0031RESOLUTION NO. 62R -31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING VARIANCE NO. 1422.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
ALLAN L. CAMPBELL, owner of certain real property situated in
the City of Anaheim, County of Orange, State of California,
described as follows:
The North 70.00 feet of the South 140.00 feet of the
East 390.82 feet of that portion of Section 18, in
Township 4 South, Range 10 West, in the Rancho Los
Coyotes, city of Anaheim, as said section is shown
on a map thereof recorded in book 51, page 10, Mis-
cellaneous Maps, records of said Orange County,
described as follows:
Beginning at a point on the East line of said
Section 18, North 50.00 chains from the Southeast
corner of said section; thence Nest 8.77 chains;
thence North 11.41 chains; thence East 8.77 chains;
thence South 11.41 chains to the point of beginning.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon
said petition on November 27, 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. 153,
Series 1961 -62, recommending that Variance No. 1422 be denied;
an d
WHEREAS, thereafter, within twenty -two (a2) 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
December 26, 1961, at 7:00 otclock 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
WHEREAS, the City Council did on December 26, 1961,
hold said public hearing and give all persons interested therein
an opportunity to be heard, and did receive evidence and reports
and did consider the recommendation of the City Planning Com-
mission; and
WHEREAS, after due consideration of said evidence and
reports offered at said hearing, the City Council did refer said
variance back to the City Planning Commission for review and
consideration of additional plans and evidence presented by
the petitioner, and did continue said hearing on Variance No.
1422 to January 16, 1962; and
WHEREAS, the City Planning Commission did on Janu-
ary 8, 1962 adopt Resolution No. 203 Series 1961 -62 recom-
mending that, based on new evidence presented, Variance No.
1422 be granted subject to certain conditions set forth in
said resolution; and
WHEREAS, the City Council does find 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 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 ad-
versely 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 the operation of a "Hofbrau"
style restaurant on the property hereinabove described, subject
to the following conditions:
1. That subject property shall be developed substantially
in accordance with plans marked "Exhibits 1, 2 and 3,"
on file with the City of Anaheim.
2. That elevation plans for the front of the building
to be constructed on subject property shall be sub-
mitted to the City Council for review and approval.
3. That sidewalks shall be installed as required by
the City Engineer and in accordance with standard
plans and specifications on file in the Office of
the City Engineer.
4. That the owner of subject property shall pay to
the City of Anaheim the sum of $2.00 per front
foot, along Brookhurst Street, for street lighting
purposes.
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.
-2-
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 16th day of January, 1962.
CI L O E I 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 was passed and
adopted at a regular meeting of the City Council held on the
16th day of January, 1962, 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 CE{TIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 16th day
of January, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 16th day of
January, 1962.
CLE• OF THE CI OF ANAHEIM