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64-071~ ~:~SOLUTION NO 64i{-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO PREPARE AN A}4END~NT TO ORDINANCE NO. 1684 IN RECLASSIFICATION PROCEEDINGS NO. 56-57-45, AND GRANTING THE PETITION FOR VARIANCE NO. 1613 IN PART ONLY. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from ~UGENE A. FAHRION, owner-of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lots 1 and 2 of Tract No. 3160, as shown on a map recorded J..n Book 99, Page 13 of Mis- cellaneous Maps, Records of Orange County, California. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on December 23, 1963, 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 I~micipal Code; and W/qEREAS; said City Planning Commission, after due inspection~ investigation and studies made by itself and in ~ts behalf, and after due consideration of all evidence and ~eports offered at said hearing~ did adopt Resolution No. 997~ ~or~o~_~ ~ .... s 1963-64, recommending that Var~nc~~ ..... ~ 1613 be d~ni~d; and ~..~_E~EA~ thereafter~ within twenty-two (22) days from the date of the adoption of saJ. d resolution, the City Council ~ ~ ~ uoon ips own motion, to ,-=v4~w the action taken by ~h~. City Planning Commission in denying said variance_ and di..d sec a public hearing thereon to be held on the 4th day of z~ebru, ary, ]964~ , a+'~ 7'0C: o'c]ocl<: ..... P M Jn th~ City Hall in the CJ. ty of Anaheim and neff.ce of such public h~aring was duly gJ. ven as required by law and the provisions of Title Chapter 18.76 of th? ~%naheim ~nicipal Code~ and WHERiiS aft..r Jue investigation and studies made by ';tself and in its behalf.~ and after due consideration of all 'the evidence and r~ports offered at said hearing, th~ City Council does find and det~rm~n' o~.. that' ].. There are e>:r~ceptlonal or extr'aordinary circumstances 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 vici.nity and zeno. 2. That such a varianc~ is necessary for the preservation and enjoyment of a substantial property right possessed by otb. er property in the same vicinity and zone and denied to the property in questJon. -I- 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. AND WHEREAS, the City Council does further find that Ordinance No. 1684 in Reclassification Proceedings No. F-56-57-45, which includes the hereinbefore described property, provides "That all buildings constructed on the lots abutting Broadway Street shall be limited to one story in height," and the City Council does find that said provision should be deleted from said ordinance, and that the hereinabove described property should be developed under the present R-3 zoning regulations of the Anaheim Municipal Code. 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 garage requirement, to allow the construction of carports, on the property hereinbefore described, subject to the following conditions: 1. That the owner of subject property shall deed to R~e City of Anaheim a three-foot public utility overhang easement along the westerly boundary of subject property. 2. 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. 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 inspection. 4. That final plans for the development of subject property shall be submitted to the Development Review Board and shall be approved by the City Council prior to the issuance of a building permit. 5. That the owner of subject property shall dedicate to the City of Anaheim all vehicular access rights to Broadway Street. 6. That the rear and side walls of the proposed carports shall be finished with exterior building materials; that enclosed storage cabinets of a minimum capacity of 100 cubic feet shall be provided at the rear wall of -2- each carport; that adequate bumper guards shall be provided to protect the interior walls of the carports; and that all of said items shall be provided or complied with prior to final building inspection. · That Conditions Nos 1 and 5 above-mentioned shall be complied with within 180 days from date hereof or such further time as the City Council may grant. BE IT FURTHER RESOLVED that the City Attorney be, and he is hereby authorized and directed to prepare an ordinance amending Ordinance No. 1684 in Reclassification Proceedings No. 56-57-45 by deleting therefrom the provision that all buildings constructed on the lots abutting Broadway Street shall be limited to one story in height, thus permitting development of the hereinabove described property under the present R-3 zoning regulations of the Anaheim Municipal Code. 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 ~nicipal Code and regulations and the conditions herein. Said variance is granted for the terms prescribed by the Anaheim Municipal Code unless otherwise specified herein. THE FOKEGOING RESOLUTION is approved and signed by me this 4th day of February, 1964. OR OF THE CI'~ OF ANAHEIM ATTEST' T~E CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 64R-71 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 4th day of February, 1964, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-71 on the 4th day of February, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 4th day of February, 1964. CITY CLERK OF THE CITY OF ANAHEIM (SEAL)