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1961-7386RESOLUTION NO. 7386 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1409 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from owner fl cer a n rea proper y s uateā€¢ n e ty o Ana e m, oun of Orange, State of California, described as follows: Lot No. 44 of Tract No. 1940 as shown on a map recorded in Book 82, pages 9 and 10, of Miscellaneous Maps, records of Orange County, California. y AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on Octob r 16, 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. 109 Series 19 61 -62 recommending that Variance No. 14Q9 be aranted .y .s.' set forth 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 grantincl said variance and did set a public hearing thereon to be held on the 21st day of Nov mbe 19 61, at 7 :00 o'clock P.M. in 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, 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 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. 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 construction of a 6-foot fence on the property hereinabove described, within the 25-foot front yard area required by ordinance of the City of Anaheim, but not closer than 10 feet tothe sidewalk,subject to the following conditions: 1. That said fence shall be constructed as a 6-foot masonry wall, and no other type of fencing, in accordance with plans marked "Exhibit 1" presented by the Petitioner and on file with the City of Anaheim. 2. That the existing driveway apron and existing curbing shall be removed, and that a new drive- way apron for direct access to the existing garage shall be installed in accordance with Standard plans and specifications of the City of Anaheim on file in the Office of the City Engineer. Further, that a new double-width garage door shall be installed for direct access from the street. 3. That landscaping shall be installed in the 10-foot front yard area remaining after construction of the 6-foot masonry wall hereinabove mentioned, and said landscaping shall be installed prior to final inspection of the wall by the Building Department. 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. ATT,E ST: CITY-CLERK OF THE CITY 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 introduced and adopted at a meeting provided by law, of the City Council of the City of Anaheim, held on the 21st day of November 19 61 by the following vote of the members thereof: And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of November 19 61 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of November 19 61 (SEAL) 4. That Conditions Nos. 1 and 2 above mentioned shall be complied with within a period of 180 days from date hereof. THE FOREGOING RESOLUTION is signed and approved by me this 21st day of November 19 61 CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF, HE CITY OF ANAHEIM AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. LWES: COUNCILMEN: None. ._ABSENT: COUNCILMEN: None. -3-