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1967-233RESOLUTION NO. 67R 233 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1864 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from JOHN NUNEMANN, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The West half of the South half of the West half of the Southeast quarter of the Northwest quarter of Section 26, in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, City of Anaheim, as shown on a map thereof recorded in Book 51, page 10, Miscellaneous Maps, records of said Orange County. 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 27, 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 Series 19 recommending that Variance No. 1864 be granted in part, 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 April 19 67 at 7:00 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 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- 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 a waiver of the maximum height limita- tion of any building located within 150 feet of an R -A Zone (Section 18.28.050(5-b) of the Anaheim Municipal Code), and a waiver of the six -foot solid masonry wall requirement along the property line abutting an R -A Zone (Section 18.28.050(11) of the Anaheim Municipal Code), on the property hereinbefore described, subject to the following conditions: 1. That a final tract map of subject property shall be submitted to the City Council for approval, and then recorded in the Office of the Orange County Recorder. 2. That the variance is granted subject to the completion of Reclassification Proceedings No. 66 -67 -56 now pending. That subject property shall be developed substantially in accordance with plans and specification on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3, 4, 5 and 6; provided, however, that yard and building set- backs shall conform with R -3 Zone requirements. 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 other- wise specified herein. BE IT FURTHER RESOLVED that the petition for waivers of the required front and side yard building setbacks (Section 18.28.050 (6 -a -4) of the Anaheim Municipal Code), on the property hereinbefore described, be, and the same is hereby denied. THE FOREGOING RESOLUTION is signed and approved by me this 25th day of April, 1967. ATTEST: 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. 2 CLE K OF THE CITY OF ANAHEIM ,e Aff 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. 67R -233 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 25th day of April, 1967, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Chandler, and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 67R -233 on the 25th day of April, 1967. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 25th day of April, 1967. (SEAL) CITY 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. 67R -233 duly passed and adopted by the Anaheim City Council on April 25, 1967. k City Clerk