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1962-1044RESOLUTION NO.62R -1044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1526 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Louis J. and Dorothea E. Stacker, owners of certain rea property s tua a in t ity of Ana eim, County of Orange, State of California, described as follows: Lot No. 100 of Tract No. 1942 as shown on a map recorded in Book 82, Pages 8, 9 and 10 Miscel- laneous Maps, Records of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on October 29 1962 notice of which said public hearing was duly g ven as requ red 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. 515 Series 19 62 -63 recommending that Variance No. 1526 be denied am ml 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 the action of the City Planning Commission denying said variance, and said appeal was set for pub 1 .rearing oa tfie 4th day of December 1962 at 7000 otclock P.M. at the City kall 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 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: 5. 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 waiver of the minimum rear yard building setback requirements on the property hereinabove described, subject to the following condition: 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 condition herein. Said variance is granted for the term prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is ap.r.ved and signed by me i this 4th day of December, 1962. u.:yO OF THE CITY OF 'HEIM 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 because of the shallow depth of the lot, and because of the use of a portion of the front yard for purposes normally found in the rear yard area, and further, considering the unusual design of the existing dwelling, it is reasonable to allow the requested deviation from the Code requirements. 3. 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. 4 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. That subject property shall be developed in accordance with plans on file with the "Exhibits City of Anaheim, marked Exhibits 1, 2 and 3 provided, however, that the roof over hang shall be modified, if an encroachment permit is not granted, so that it does not encroach into the existing public utility easement. -2- 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 No. 62R -1044 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 4th day of December, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, and Coons. NOES: COUNCILMEN: None ABSENT: COUNCILMAN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 62R -1044 on the 4th day of December, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 4th day of December, 1962. (S EAL) CITY'CLERK OF THE CITY OF ANAHEIM