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1968-247RESOLUTION NO. 68R -247 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1958 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from MARTINDANIEL, INC., owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lot 11 of the Miles Rancho, as shown on a Map recorded in Book 4, page 7 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point in the Easterly line of said Lot 11, 652.8 feet South of the Northeast corner; thence Westerly, parallel to the North line of said lot, 106 feet; thence South parallel with the Easterly line of said lot to the Southerly line thereof; thence East- erly along said Southerly line to the Southeast corner of said lot; thence Northerly along the Easterly line of said lot to the point of beginning. EXCEPTING the North 145.67 feet. ALSO EXCEPTING the South 308.21 feet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on March 25, 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 -85 recommending that Variance No. 1958 be denied -1- and WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission denying said variance, and said appeal was set for public hearing on April 23, 1968, at 1:30 o'clock P.M. at 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 WHEREAS, said public hearing was duly held at the time and place aforesaid and was continued to May 14, 1968, to be held in conjunction with a public hearing on a petition filed by Martindaniel, Inc. for a house moving permit to move certain structures onto subject property, and said variance was readvertised for a public hearing before the City Council on May 14, 1968, at 1:30 P.M., in the City Council Chambers in the City Hall; and 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 hearings, 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 zone. 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 ad- versely 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 single- story, 8 -unit apartment building, on the property herein before described, with waivers of the minimum floor area of dwelling units (Section 18.28.050(3) of the Anaheim Municipal Code) and minimum side yard setback requirements (Section 18.28.050(6 -b -2) of the Anaheim Municipal Code), subject to the following conditions: 1. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Julianna Street, for street lighting purposes. 2. That the owner of subject property shall pay to the City of Anaheim the sum of 15 per front foot along Julianna Street, for tree planting purposes. -2- 7. That Conditions Nos. 1 and 2, above mentioned shall be complied with prior to the issuance of a building permit, or within a period of 180 days from date hereof, whichever occurs first, or such further time as the City Council may grant. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its 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 14th day of May, 1968. ATTEST: 3. That trash storage areas shall be provided in accordance with approved plans on file in the office of the Director of Public Works and Superintendent of Streets, prior to final building and zoning in- spections. 4. That all air conditioning facilities shall be prop- erly shielded from view, and the sound buffered from adjacent homes, prior to final building and zoning inspections. 5. That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recreation purposes, said amount to be paid at the time the building permit is issued. 6. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit No. 1, Revision No. 1 PROVIDED, HOWEVER, that screen land- scaping or a 6 -foot masonry wall shall be installed between the recreation area and the asphalt parking area. CI CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE 5s. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 68R -247 was in- troduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 14th day of May, 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 Resolution No. 68R -247 on the 14th day of May, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 14th day of May, 1968. SEAL) AYES: COUNCILMEN: Dutton, Krein, Schutte, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None 4-,e—e— I CLERK 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 -247 duly passed and adopted by the Anaheim City Council on May 14, 1968.