56R-3164
RESOLUTION NO. 3164
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A RE30LU~ION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING A VARIANCE (NO. 492).
WHEREAS, the City- Planning Commission of the City of
~~aheim did receive a petition from the property owner and/or
agent of certain real property situated in the City of Anaheim,
County of OranGe, State of California, described as follows:
'That portion of the hereinafter d.escribed land
lying Northeast of the Northeast line of the
40 foot ,3trip of land conveyed to the State of
C;alifornia, for the ,')urposes of a freelmy, by
Document No. , Cert~fic8te of Title No. 13900: I t q~'...
Beginning at a 4" x 4" post standing at a point
20 chains South of the quarter section corner on
the North boundary of Section 22, Township 4 South,
cLange 10 West, S.B.3.&M.; thence South parallel
uith the East and West boundary lines of said
Section, 10 chains, 30~ links; thence East parallel
with the South boundary of said Section, 10 chains;
thence North (at 3.535 chains intersect the center-
line of the track of the S.P.R.R. Co.) 10 chains
::,O~ links; thence ~lest o:>arallel with the said North
boundary of said Section, (at 5.82 chains intersect
center of track of said Railroad Co.) 10 chains to
the point of beginning. EXCEPTING THEREFROM all
abutter's rights of access in and to said freeway
appurtenant to the land abutting said freeway, over
and aoross the Northeasterly line of said 40 foot
strip of land. Containing 0.441 of an acre of land,
more or less. The property is further described as
Lying on the east side of South Palm Street and
l:id\.;ay Drive.
AND~'i}EREAS, the City Planning Commission did hold a
public hearing at the Ci t;'{ Hall in the Ci tj' of Anahe im upon
said petition on February 20, 1956, notices of which said public
hearing ,,;ere duly [:i ven as rec;ulred. b;y law and the provisions
of Section 9200.17 of the Anaheim l,runicipal Code; and
i\~EREAS, said Commission, after due inspection, in-
vestigation and studies made by itself and in its behalf and
after due conslctera tion of all eviclence ano. reports offered at
said he <:'cring , did ado.1t its ResoL1.tion No. 125 recommending tothe
City Council of the City of Anaheim that Variance No. 492 be
granted upon the conditions stated in said resolution; and
WHEREAS, the City Council does find that:
1. There are exceptional or extraordinary circum-
stances or conditions applicable to the property in-
volved or to the intended use of the property that
do not apply generally to the propert;'{ or class of
use in the same vicinit;'{ and zone.
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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 vicin-
ity and zone and denied to the property in question.
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3. That the granting of such variance will not
be ma.terially detrimental to the public welfare
or injurious to the property or improvements in
such vicinity and zone in which the property ie
located.
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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 the aotion of the City Planning Commis-
sion granting Variance No. 492, requestln~ permission to cut the
above described property into thirty-,two (32) R-3, MULTIPLE
FM1ILY RESIDENTIAL LOTS, be and the same is hereby, sustained,
and that Variance No. 492 be, and the same is hereby, granted to
JOSEPH A.ABANDONATO, 200 Orange Avenue, Huntington Beach,
California, upon the following conditions:
1. The erection of one-story units only on
the north tier of the lots.
2. The erection of a suitable fenoe agreeable
to the residents living on Winston Road in
Tract No. 2637 and the subdivider, between Traot
No. 2637 and the subject property. '
J. That the buildings be constructed aocording
to plans submitted, entitled, "The Bungalowcraft
Co. Dwellings No.2" -- Plans Nos. D-138 and D-146.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner
or 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 presoribed by the Anaheim Muni-
cipal Code unless otherwise specified herein.
THE FOREGOING RESOLUTION is signed and approved by me
this 28th day of February, 1956.
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STATE OF CALIFORNIA )
(DUNTY OF OAANGE ) s s.
CITY OF ANAHEIM )
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I, DENE M. WILLIAMS, City Clerk of the City of
Anaheim, do hereby certify that the for.egoi~g resol~tion was
introduced and ~dopted at regular meeting p~vided by law
of the City Council of the Ci ty ,of Anaheim neld on the 28th
day of Fe}>r.uary, 1956, by the following vot..
AYES.
COUNCILMEN. . Pearson, .Fry, Schutte, and Wisser
NOES.
OOUNCILMEN. None
ABSENT.
(DUNCI-l.MElh Van Wagol!ler
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed. said resolution on th~ 28th day of
February, 1956.
IN WIDlESS WHEREOF, I have hereunto set my Rand and
affixed the official seal of the City of Anaheim this 28th day
of February, 1956.
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