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1967-570 - ,,- RESOLUTION NOo 67~-570 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 19l1 WHEREAS, the City Planning C~mmission of the City of Anaheim did receive a petition for zoning variance from W. WINGERT JR owner o certa1n rea property s1tuate 1n t.e C1ty 0 Ana e1m, County of Orange, State of California, described as follows: The South 185.00 feet, measured at right angles, of that portion of the South half of the Southwest quarter of the Northeast quarter of Section l2, Township 4 South, Range lO West, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, as shown on a map thereof recorded in Book 5l, page lO, Miscellaneous Maps, records, of said Orange County, lying Westerly of the fOllowing described lines: Beginning at the Southeast corner of Tract No. 2767, as shown on a map thereof recorded in Book l36, pages 2l to 23, Miscellaneous Maps, records of said Orange County, the Easterly line of said tract having a bearing of South Olo 06' 43" West, thence South Ol" Ol' 36" West, 95.19 feet; thence South 040 l4' 46" West, 539.40 feet to a tangent curve concave Westerly having a radius of 450.00 feet; thence Southerly along said curve, through an angle of 30 30' 47", an arc distance of 27.59 feet to the Southerly line of said Northeast quarter. AND WHEREAS, the City Plannimg Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on Auqust 28, 1967 , notice of which said public hearing was duly given as required by law and the provisions of Title l8, 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. PC67-200 recommending that Variance No. 19l1 be denied , ; 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 de~ing said variance and did set a public hear ing thereon to e.. eld on the lOth day of October , 19 67 , at l: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 T.itle l8, Chapter 18076 of the Anaheim Municipal Code; and -1- - - ~vHEREAS, 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: e"'- 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 tbe 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 property hereinbefore described to be subdivided into sixteen (l6) R-3 lots, with waivers of the following Anaheim Municipal Code requirements: l. Minimum side yard setback requirement (Section l8.28.0S0(6-b)); and 2. Six-foot masonry wall requirement along and immediately adjacent to the R-A property abutting subject property to the north (Section l8.28.0S0(ll)), subject to the following conditions: l. That this variance is granted subject to the com- pletion of Reclassification Proceedings No. 67-68-l7 now pending. 2. That subject property shall be developed sUbstantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his 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. p.---'" THE FOREGOING RESOLUTION is approved and signed by me this 10th day of October, 1967. ~7 ~ ~- ~ ~ :U~.-',?1 -.~ CI .. CLERK OF THE CITY OF ANAHEIM -2- ~ - - STATE OF CALIFORNIA ) COUNTY OF ORANGE ) s s . CITY OF ANAHEIM ) ~ I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 67R-570 was introduced and adopted at a regular meeting provided py law, of the City Council of the City of Anaheim, held on the 10th day of October, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Schutte, Chandler and Pebley NOES: COUNCILMEN: Krein ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 671-570 on the lOth day of October, 1967. IN WITNESS WHEREDF, the official seal of the City 1967. I have hereunto set my hand and affixed of AnI;:):. d;;:t~~~r~, CI CL OF THE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 67R-570 duly passed and adopted by the Anaheim City Council on October lO, 1967. ~ ' . kt. ~~..~ City Clerk ----.. ~ .,...