1955-2749RESOLUTION NO. 2749
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM DISAPPROVING THE ACTION OF THE
CITY PLANNING COMMISSION DENYING APPLICATION
FOR VARIANCE NO. 341, AND GRANTING SAID
VARIANCE FOR NURSERY BUSINESS AND WAIVING
THE REQT,TIRLaLNT 02 A P-L ZONE.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition from the owner of certain real
property situated in the City of Anaheim, County of Orange,
State of California, described as follows:
The easterly 115 feet of the property conveyed to
David Collins and wife by the Bank of America
Trust and Savins Association, recorded Dec. 14,
1954 in Book 2896, Page 166, Official Records,
Orange County, California.
(This land is the easterly 115 feet of the
parcel described as AP 82-100-29 on the County
Tax Assessment Roll for the fiscal year 1954-55
and fronts on the north side of Ball Road. It
is further described as 129 West Ball Road.)
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim on
April 18, 1955, notices of which said public hearing were
duly given as required by law and the provisions of Section
9200.17 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,
145 Series 1954-55, denying Variance No. 341, requesting
a waiver of the P-L Zone, for the reascns set forth in said
resolution; 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 re-
questing a review of the action taken by said Planning Com-
mission, and said appeal was set for public hearing on May
10, 1955 at 7:00 o'clock 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 Section 9200.17
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 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 pre-
servation and enjoyment of a substantial property
right possessed by other property in the same
vicinity and zone and denied to the property in
question.
-1-
ATTEST:
(SEAL)
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 to DAVID S. COLLINS, 9952
Los Angeles Street, Anaheim, California, for a nursery busi-
ness, and waiving the requirement of a P-L, PARKING-LANDSCAPING
ZONE on the above described property, as requested in Applica-
tion for Variance No. 341; and that the action of the City
Planning Commission denying a waiver of the P-L ZONE be, and
the same is hereby, disapproved.
The City Council hereby reserves the r right to revoke
such variance permit for -pod cause or failure of said owner
or its 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 aproved by me
this 10th day of May, 1955.
r
Lf
4
CITY CLERK OF THE CITY 0 ANAHEIM.
STAYE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, DENE N. 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 10th day of May,
1955, by the following vote:
AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser,
and Van Wagoner.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: None.
2
c
MAYOR OF tHE CITY'OF ANAHEIM.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 10th day of
May, 1955.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 10th day
of May, 1955.
C I T 0 ERK OF THE CITY
-2-