Loading...
1949-1666RESOLUTION NO. 66 RESOLUTION GRANTING A VARIANCE WHEREAS, August F. Lenain and Marie Lenain, as owners of that certain real property located at 915 North Topeka in the City of Anaheim, County of Orange, State of California and described as Lot 11, Block B. Worthmore Annex, filed with the City Planning Commission of the City of Anaheim a petition requesting that a variance be granted permitting the construc— tion of two 24 x 28 apartments with individual garages between upon the northerly portion of said real property, and WHEREAS, the City Council finds that the City Planning Commission did fix a time and place for a public hearing upon said application for a variance and did. publish notice thereof in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of xnaheim, and that a public heelring was held by said Planning Commission at the time and place fixed in said Notice, and after said public hearing and due consideration, the Planning Commission did recommend to the City Council that said application for a varianc be granted,. and WHEREAS, upon receiving said petition for a variance and the recommendation of the City Planning Commission, the City Council of the City of Anaheim did fix the 8th day of March, 1949, at 8 o'clock P. M. in the City Council chambers in the City Hall in the City of Anaheim as the time and place for public hearing upon said petition for a variance and directed that notice be given thereof by the publication of notice thereof in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in the City of Anaheim, California, and by the mailing of postal cards to residents residing within a radius of 300 feet of said proposed improvement; that said public hearing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 was duly had and conducted at the time and place fixed by the City Council and as specified in said notice, and that all person present were given an opportunity to express their views either for or against the granting of said variance, and WHEREAS, the City Council finds, after due and careful consideration of all facts and circumstances presented for and against said petition for a variance and after full investigation of the facts and the report and recommendation of the City Plan- ning Commission that 1. There are special circumstances and conditions applicable to the property involved and to the intended use of the property that do not apply generally to property or classes of uses in the district in which said property is located. 2. That such variance is necessary for the preservation and enjoyment of a substantial right of the petitioners. 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 zone or district in which said property is located, provided the conditions hereinafter set forth are complied with. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANAHEIM That a conditional variance be and the same is hereby granted to August F. Lenain and Marie Lenain as owners of the property hereinabove mentioned and described for the construction of two apartments with individual garages between upon the northerly portion of said real property, upon the following conditions: 1. That said apartments be constructed in accordance with the plane and specifications submitted with and accompanying the application for this variance and shall be constructed in accordance with the Anaheim Building Code and meet and comply with all engineering requirements of the City of Anaheim and -2- 22nd. day of March shall meet all safety requirements of the laws of California and shall comply with all applicable provisions of the State Housing Act and other laws of the State of California and all Ordinances, rules and regulations of the City of Anaheim. 2. That said apartments shall be operated in accordance with all laws of the State of California and Ordinances and regulations of the City of Anaheim. 41. That the appearance and condition of said real property, including all buildings and improvements thereon shall be kept and maintained in a clean and sanitary condition in keeping with the uses herein permitted. ij That the maintenance and operation of said Apartments shall comply with all regulations of the Chief of the Fire Depart ment of the City of Anaheim as to safety and fire prevention. S. That the City Council of the City of Anaheim hereby reserves the right to revoke said variance permit for good cause. THE FOREGOING RESOLUTION is signed and approved by me this 1949. AT AYOR, CITY OF ANA IM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 STATE OF CALIFORNIA COUNTY OF ORANGE as CITY OF ANAHEIM I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City. of Anaheim, held on the 22nd day of March ,1949. by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Pace, Boney and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Feying And I further certify that the Mayor of the City of Anaheim signed and approved said resolution on the 22nd day of March ,1949. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City of Anaheim this 22nd day of March ,1949. -4-