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1968-351WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from ERICH WINGER and ALMA WINGER, owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: RESOLUTION NO 68R -351 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1981 The West half of the Southwest quarter of the Southwest quarter of Section 7, Township 4 South, Range 10 West, San Bernardino Base and Meridian, in the City of Anaheim, County of Orange, State of California. EXCEPTING all that portion lying within the exterior boundaries of the East 20 acres of the Southwest quarter of the Southwest quarter of said Section 7. ALSO EXCEPTING THEREFROM that portion lying North of the following described line: Commencing at the Northwest corner of the South half of the Southwest quarter of said Section 7, thence South 0° 13' 45" East 664.33 feet to the true point of begin- ning; thence North 88° 57' 17" East 522.65 feet. ALSO EXCEPTING THEREFROM the South 190.00 feet thereof. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on May 20, 1968 notice of which said public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said City Planning Commission, after due inspection, 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. PC68 -145 recommending that Variance No. 1981 be granted, subject to certain conditions therein set forth and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action taken by the City Planning Commission in granting said variance and did set a public hearing thereon to be held on the 25th day of June 19 68 at 1:30 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 Title 18, Chapter 18.76 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 and determine that: 1. There are exceptional or extraordinary circum- stances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zoned 2. That such a variance is necessary for the preser- vation and enjoyment of a substantial 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 variance will not be materially detrimental to the public welfare or injurious to the property 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 a conditional zoning variance be, and the same is hereby granted permitting the establishment of a 145 -unit, garden apartment complex, on the property hereinbefore described, with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions herein- after set forth: (a) A waiver of the maximum height of any building within 150 feet of a single family residential zone (Section 18.28.050(5 -b)); (b) A waiver of the yards and building setback re- quirements (Section 18.28.050(6 -b -3) and (6 -c)); (c) A waiver of the minimum distances between buildings (Section 18.28.050(7 -a)); (d) A waiver of the maximum distance of a living unit from a standard street (Section 18.28.050(9 -b)); (e) A waiver of the off- street parking requirements- minimum number of covered spaces required (Section 18.28.050(10 -a)). That this variance is grantees subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Proceedings No. 67 -68 -87 now pending. 2. That trash storage areas shall be provided in accord- ance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building and zoning inspections. -2- The City Council hereby reserves the right to revoke sucz variance permit for good cause or failure of said owners, their 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 FOREGOING RESOLUTION is approved and signed by me this 25th day of June, 1963. ATTEST: CITE CLERK OF THE CITY OF ANAHEIM 3. That fire hydrants shall be installed as re- quired and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building and zoning inspections. 4. That subject property shall be developed sub- stantially in accordance with plans and specifi- cations on file with the City of Anaheim, marked Exhibits Nos. 1 and 2 PROVIDED, HOWEVER, that 15 of the carports adjacent to the golf course, located along the north property line, shall be removed; and that the areas around each of the entrances into the project shall be opened up by the elimination of carports as necessary, in order to assure adequate open area for fire fighting equipment, as required by the Fire Department. 5. That fencing snail be provided adjacent to the golf course, subject to the approval of the Director of Public Works. 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 No. 68R -351 was intro- duced and adopted at a regular meeting provided by lav; of the City Council of the City of Anaheim, held on the 25th day of June, 1968, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resriution No. 68R -351 on the 25th day of June, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of June, 1968. (SEAL) AYES:. COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None CI LERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 68R -351 duly passed and adopted by the Anaheim City Council on June 25, 1968. City Clerk