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1967-309RESOLUTION NO. 67R 309 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1871 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from M. J. GOBERT and I PRJOR.IE GOBERT, owners o c er ain real property situated in the City of Ana ei im, County of Orange, State of California, described as follows, PARCEL NO. 1: The South 320 feet of the North 666 feet of the East half of the Northeast quarter of the Southeast quarter of Section 12, Township 4 South, Range 11 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11, Miscel- laneous 'daps, records of said Orange County. EXCEPT THEREFROM the Westerly 360 feet. PARCEL NO. 2: The South 320 feet of the North 666 feet of the East half of the Northeast quarter of the Southeast quarter of Section 12, Town- ship 4 South, Range 11 West, in the Rancho Los Coyotes, City of Anaheim, County of Orange, State of California, as shown on a map thereof recorded in Book 51, page 11, Miscellaneous Zaps, records of said Orange County. EXCEPT THEREFROM the Easterly 303.95 feet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of ?naheim upon said petition on April 24, 1967 notice of which said public hearing was duly given as required by law and the pro- visions 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. PC67 86, S k$ recommending that Variance No. 1871 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 31st day of in ray 19 67 at 7:00 o'clock P.M. in the City Hall th ty o 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, 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- 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 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 44 -unit apartment building on Parcel No. 1, hereinbefore described, and a 74 -unit apartment building on Parcel No. 2, hereinbefore de- scribed, and permitting waivers of the following Anaheim Municipal Code limitations or provisions on said parcels hereinbefore de- scribed, subject to the conditions hereinafter set forth: (a) A waiver of the maximum height of any building located within one hundred fifty feet of any R -A Zone to the north of said Parcels Nos. 1 and 2 (Section 18.28.050(5-b)); and (b) A waiver of the provision that an accessory building may abut a side property line only within the rear twenty -five per cent of a building site (Section 18.28.050(6 -c)). That said variance is granted subject to the following conditions: 1. That the owners 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. 2. 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 inspections. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, prior to final building and zoning inspections. 4. That this variance is granted subject to the completion of Reclassification Proceedings No. 66-67-59 now pending. -2- The City Council hereby reserves the right to revoke such variance permit .or 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 Anaheiro Municipal Code unless otherwise specified herein. THE FOREGOING G P,ESOLUTIO is approved and signed by me this 31st day of jlay, 1967. CI CLERK OF THE CITY OF ?I dIEI 1 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) NOES: COUNCILMt N None. ABSENT: COUNCILMEN: None. I, DENE K. LILLD1LZ, 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 held on the 31st day of iiay, 1967, by the following vote of the mer2 ers thereof: AYES: COUaCILiE Dutton, Krein, Schutte, Chandler and Pebley. �-D FURTHER CERTIFY S7 M AND I r va.ii7..L, C.,��w:l s.� tthat the .Mayor of the City of Anaheim approved and signed said resolution on the 31st day of Tay, 1967. IN WITNESS WHEREOF, I have hereunto set ray hand and affixed the seal of the City of Anaheim this 31st day of May, 1967. I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolu- tion No. 67R -309 duly passed and adopted by the Anaheim City Council on May 31, 1967. -3- CIT' CLERK OF THE CITY OF ANAHEIM