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70R-577 -- RESOLUTION NO. 70R-577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF M~AHEIM GRANTING VARIN~CE NO. 2203, IN PART. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from William :a. and Elsie M. Purdy, owners; H.M.S. Air Conditioning Corp., agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lot 4 of South Placentia Tract No. 2 in the City of Anaheim, County of Orange, State of California, as per map recorded in Book 5, page 42 of Miscellaneous Maps, in the Office of the County Recorder of said County, described as follows: Beginning at a point in the north line of the parcel of land described in Parcell of the deed to W. L. Morris et ux dated April 11, 1940, and recorded in Book 1039, page 285, of Official Records, distant thereon 445 feet easterly from the intersection of said line, or the extension thereof, with the center line of Cypress Avenue and running thence easterly along said south line 210 feet; thence southerly parallel with the west line of said Lot 4 to the southeasterly line of said parcel of land conveyed to Morris; thence southwesterly along said southeasterly line to a line extending southerly parallel with the west line of said Lot 4 from the point of beginning; thence northerly along said parallel line to the point of beginning. .' . AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on November 2, 1970 , 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. PC 70-199 granting in part Variance No. 2203, subject to the conditions therein set forth ; and -1- --. 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 ~tfuqDPart said variance and did set a public hearing thereon to be held on the 8th day of December, 19 70 , at 1:30 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 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. 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 50- unit apartment complex on the property hereinbefore described with waivers of the following Anaheim Municipal Code requirements or limitations, waiver I-d having been withdrawn by the petitioner: SECTION 18.28.050(5-b) Maximum building height within 150 feet of an R-A zone. (One- story permitted; two-story proposed). SECTION 18.28.050(2) Building site area per dwelling unit. (1200 square feet required; 1093 square feet proposed). SECTION 18.28.050(3-2) Minimum floor area per dwelling unit. (700 square feet required; 525 square feet proposed). ........ That said variance be granted, in part, subject to the following conditions: -2- 1. That this variance is granted subject to the com- pletion of Reclassification No. 70-71-12, now pending. - 2. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit Nos. 1, 2, 3, 4 and 5, Revision No.1. The City Council hereby reserves the right to revoke such variance permit for 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 Anaheim Municipal Code unless otherwise specified herein. ATTEST: is approved and signed by ~ j " -j h- ~ . A/~?~~ y ~ OF THE CITY OF Al'IAHEIM- -3- ~vPH : kw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF ANAHEIM ) ~ SSe I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-577 was passed and adopted at a regular meeting of the City Council held on the 8th day of December , 19 70, by the following vote of the members thereof: --- AYES: COUNCILMEN: Clark, Stephenson, Thorn and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Dutton Pro-Tem AND I FURTHER CERTIFY that the Mayor/of the Anaheim approved and signed said resolution on the December , 19 70 . City of 8thday of IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 8th day of December , 19 70 . ,G) /7f. ~ ~ 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. 70R-577 duly passed and adopted by the Anaheim City Council on December 8, 1970. J?~)r. l~ City Clerk ~