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1946-15051 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 RESOLUTION NO. J SDNC RESOLUTION GRANTING A VARIANCE. WHEREAS, Mrs. Claudina F. Clark, the owner of certain real property situated in the City of Anaheim, Orange County, Celi- fornia, described as Lot 5, Tract 303, Rimpau Square, situated at 420 East Center Street, has filed with the City Planning Commission of the City of Anaheim a petition requesting that a variance be granted permitting the operation of the business of a Spanish Kitchen for the purpose of serving meals to private, family and club parties on said real property; and WHEREAS, the City Council finds from consideration and investigation of the facts and the report and recommendations of the City Planning Commission that: (1) Special circumstances and exceptional conditions do exist as to the above described real property that do not apply generally to the property or classes of uses in the same zone or district. (2) That a variance is necessary for the preservation and enjoyment of a substantial property right of said petitioner. (3) That the granting of such conditional variance will not be detrimental to the public welfare or injurious to the property or improvements in the district wherein 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 is hereby granted whereby the business of operating a Spanish Kitchen may be maims tained and operated upon said real property upon the following conditions: 1. That said business shall be operated in accordance with all laws of the State of California and ordinances and regu lations of the City of Anaheim. 2. That such business shall so be conducted as will not constitute or create a public or private nuisance. -1- ATTEST: 3. Any remodeling of the building or premises in which said business is to be conducted or new construction thereon shall be in accordance with the uniform building code of 1937, adopted by the City of Anaheim. 4. That in the event that any business is conducted upon said real property contrary to the terms and conditions of this variance and/or in violation of any ordinance of the City of Anaheim or law of the State of California, or any lawful regulation of any agency or officer thereof, then the City of Anaheim, through its City Council may revoke this variance and all privileges and rights conferred by this Resolution, which revocation, however, shall not be done, without a public hearing before said City Council at which hearing the owner of said real property may be present, be repre- sented by legal counsel, and permitted to produce testimony and wit- nesses on his or her own behalf. The foregoing resolution is signed and approved by me this ,1zi day of November,' 1946. 0 t* 'Jerk of the c of Anaheim Mayor of the City of Anaheim STATE OF CALIFORNIA COUNTY OF ORANGE 88. 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 ontovezber, 12th, 1946, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Pace, Heying, Boney and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None And I further certify that the Mayor of the City of Anaheim signed and approved said Resolution on the 12th day of goer 1946. IN WITNESS WHEREOF, I have hereunto set my hand and af— fixed the seal of said City of Anaheim this 12th day of fovesiber,, 1946. y of Anaheim