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1955-2685RESOLUTION TAO. 2685 A RESOLUTION OF THE CITY COUNCIL OF THE CJJ Y OF ANAHEIM GRANTING VARIANCE NO. 315 TO THE MARKET BASKT, REQUESTING A WAIVER OF THE P -L ZONE AT THE SOUTHWEST CORNER OF SOUTH LOS ANGELES STREET AND BALL ROAD, UPON CONDITION THAT A MASONRY WALL NOT LESS THAN 2 FEET HIGH AND 6 INCHES THICK BE ERECTED AND MAINTAINED AROUND THE PERIMETER OF THE PROPERTY. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition from the property owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: Lots 1 to 11, inclusive and that portion of Lot 12 of ''ract No. 2090, in the City of Anaheim, as per map recorded in Book 61, Pages 38 and 39 of Miscellaneous Maps in the Office of the County Recorder of said County, lying easterly of the southerly extension of the easterly line of Iris Street, as shown on said map. PARCEL 2: That portion of Hill Avenue as shown on the map of Tract No. 2090, in the City of Anaheim, County of Orange, State of California, recorded in Book 61, pages 38 and 39 of Miscellaneous Maps in the Office of the County Recorder of said county, bounded on the west by the southerly prolongation of the easterly line of Iris Street as shown on said map and bounded on the east by the line parallel with and westerly 50 feet from the center line of Los Angeles Street as shown on said map, as vacated and abandoned by Ordinance No. 950 by Resolution No. 2607 of the City Council of Anaheim, California, December 28, 1954. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on March 7, 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 in- spection, 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. 115 Series 1954 -55, granting said variance with a reduction of the required landscaping area from 25 feet to 10 feet; 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 taken by the City Planning Commission in granting said variance with a reduction of the P -L Zone from 25 feet to 10 feet, and said appeal was set for public hearing on March 29, 1955 at 8:00 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 Section 9200.17 of the Anaheim Municipal Code; and -1- 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 circumstances or conditions applicable to the property involved or to the in- tended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. ATTEST: cY d 2. That such a variance is necessary for the preservation and enjoyment of a sub- stantial 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 a variance will not be materially detrimental to the public welfare or injurious to the prop- erty 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 Variance No. 315, requesting permission to erect a super market and other commercial build- ings on the above described property, and a waiver of the P -L, PARKING LANDSCAPING ZONE at the southwest corner of South Los Angeles Street and Ball Road, be, and the same is hereby, granted upon the following condition: That a masonry wall not less than two (2) feet high and six (6) inches thick be erected and maintained around the perimeter of the property. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, 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 LFOREGOING RESOLUTION is signed and approved by me this 29th day of March, 1955. RK OF THE C ITY OF ANAHEIM. MAYOR OF THE CITY OF ANAHEIM. -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 was adopted upon a final reading at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 29th day of March, 1955, by the following vote of the members thereof: (SEAL) AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. None. None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 29th day of March, 1955. IN WITNESS WHEREOF, I have hereunto set my,hand and affixed the seal of the City of Anaheim this 29th day of March, 1955. L CITY CLERK OF THE,CITY OF ANAHEIM