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WHEREAS, HERMAN L. LENZ and MURIEL R. LENZ as owners, and
W. W. NAYLOR, as prospective buyer of that certain real property
located at the Southeast corner of Center and East Streets in
the City of Anaheim and more particularly described as follows,
to -wit: The Westerly One -half of the Northerly One -half of
Lot 8 of Anaheim Extension as shown on a map of Survey made by
Wm. Hamel on file in the office of the County Recorder of Los
Angeles County, California, excepting therefrom the following:
Beginning at the intersection of the Center line of Center Street
with the Northerly extension of the Easterly line of said Westerly
one -half of Lot 8 and running thence southerly along said easterly
line 235 feet; thence westerly parallel with said center line
200 feet; thence northerly parallel with sid easterly line 235
feet; thence easterly along said center line 200 feet to the point
of beginning, filed with the City Planning Commission of the City
of Anaheim a petition requesting that a variance be granted
permitting the construction of a modern Drive -In Restaurant and
a 40 -unit motel upon the northerly 400 feet of said property
and extending for a distance of 331 feet on East Center Street,
and
RESOLUTION NO./ 147
RESOLUTION GRANTING A VARIANCE
WHEREAS, the City Council finds that the City Planning Com-
mission 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 Anaheim, and that a public
hearing 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 variance be granted with the
stipulation that no liquor be sold on the premises,and that all
engineering requirements of the City of Anaheim be met and com-
plied with in the erection and construction of said restaurant
and motel units, 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 February, 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 similar notices
to residents residing within a radius of
300 feet of said proposed improvement; that said public hearing
was duly had and conducted at the time and place fixed by the
City Council and as specified in said notice, and that all persons
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
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improvements in such zone or district in which said property is
located, provided the conditions hereinafter set forth are compile
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 Herman L. Lenz and Muriel R. Lenz as owners and to W. W. Naylor
as prospective buyer of the property hereinabove mentioned and
described for the construction and erection of a modern Drive -In
restaurant and 40 -unit motel at the Southeast corner of Center
and East Streets in the City of Anaheim, California, extending
331 feet along East Center Street and 500 feet upon and along
South East Street, upon the following conditions:
1. That said proposed Drive -In restaurant and motel units
shall be constructed in accordance with the plans and specifi-
cations 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 require-
ments of the City of Anaheim and shall meet all safety require-
ments 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 regula-
tions of the City of Anaheim.
2. That no alcoholic beverages or liquor of any kind shall
be sold, served or dispensed upon said premises for which this
variance is granted.
3. That said restaurant and motel shall be operated in
accordance with all laws of the State of California and Ordinances
and regulations of theCity of Anaheim.
4. 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
1 the uses herein permitted.
2 5. That the maintenance and operation of said Drive —In
3 restaurant and motel units shall comply with all regulations of
4 the Chief of the Fire Department of the City of Anaheim as to
5 safety and fire prevention.
6 6. That no smoke or objectionable odors shall be created
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or permitted in the maintenance and operation of said property.
7. That the City Council of the City of Anaheim hereby
reserves the right to revoke said variance permit for good cause.
THE FORfiG0Ii! is signed and approved by me this
02 3 day Of 1949.
F ANAHEIM
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MAYOR, CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss
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 .a day oftaLdsor 4949, by the
following vote of the members thereof:
AYES: COUNCILMEN: U�te�
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
And I further certify that the Mayor of the City of Anaheim
signed and approved said resolution on the.Z 3 day of
1949.
IN WITNESS WHEREOF, I have hereunto set my hand and af,,,fixed
the seal of said City of Anaheim this 3 day of
1949.
I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim,