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70R-525 ~..-" RESOLUTION NO. 70R-525 A RESOLttlION OF THE CITY COUNCIL OF THE CITY OF ANAIUtIM GRANTING VARIANCE NO. 2207. WHEREAS 'i the City Planning Commission of the City of Anaheim did recei~e a petition for zoning variance from Dale L. Ingram, Agent for IMarie E. Shook, Owner, et al, of certain real property situated.in the City of Anaheim, County of Orange, State of Californ~a, described as follows: PORTION "Au: That portion IOf the Northeast Quarter of the Northwest Quarter of S~tion 13, Township 4 South, Range 11 West, in the Rancho! Los Coyotes, City of Anaheim, County of Orange, Stat~ of California, as per map recorded in Book 51, page 11 of Miscellaneous Maps, in the Office of the County Reborder of said County, described as follows: Beginning at a point in the Northerly line of the North- east Quarter of said Northwest Quarter, distant thereon South 890 41' 15" West, 727.91 feet from the Northeast corner of the Northeast Quarter of said Northwest Quarter; thence South 100 13' 18" East 266.00 feet to the True Point of Beginning; thence North 890 41' 15" East 73.90 feet; thence North 00 12' 20" West 266.00 feet to the Northerly line of the Northeast Quarter of said Northwest Quarter; thence North 890 41' 15" East 362.775 feet; thence South 00 12' 20" E~t 598.55 feet to a point on the easterly prolongation of the Southerly line of the land of Orville L. Matteson as shown on a map filed in Book 74, page 5 of Record of SurIVeys in the Office of the County Recorder of said County; thence along said prolongation North 890 41' 15" East 37.59 feet; thence South 00 11' 45" East parallel with the East line of said Northwest Quarter of Section 13, a distance of 96.78 feet; thence North 890 41' 15" East parallel with said easterly prolongation of the South line of the land ot Matteson, 253.47 feet, more or less, to the East line of said Northwest Quarter; thence South 00 11' 45" East along said East line, 45.61 feet, more or less, to the North boundary of the right of way of the Orange County Flood Control District as described in various deeds of record; thence South 890 40' 47" West 727.58 feet along said North boundary to its intersection with the southerly pro1ongation of the West line of said land of Matteson; thence North 00 13' 18" West along prolongation and said West line 475.04 feet to the True Point of Begin- ning. EXCEPTING THEaEFROM the North 66.00 feet. AND WHE~, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on S~tember 21, 1970, notice of which said public hearing was duly g~ven 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, invest~gation and studies made by itself and in its behalf, and after due consideration of all evidence and reports -1- --- offered at said he~ring, did adopt Resolution No. PC 70-l78, granting Variance No. 2207, subject to the conditions set forth; and WHEREAS,. thereafter, within twenty-two (22) days from the date of the ad~ption of said resolution, the City Council did elect, upon it, own motion, to review the action taken by the City Planning cj;:ommission in granting said variance and did set a public heari_g thereon to be held on the 3rd day of November, 1970, 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 ~y 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 ~ehalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and dete~ine that: 1. There ar~ exceptional or extraordinary circum- stances Qr 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 sucQ a variance is necessary for the preser- vation aqd enjoyment of a substantial property right po~sessed 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 material~y detrimental to the public welfare or injuriou~ 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 ~e comprehensive general zoning plan. NOW, THE~FORE, 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 establishing of a 207 unit, three stqry apartment complex on the property herein- before described wi.th waivers of the following Anaheim Municipal Code requirements ~ limitations: SECTION l8.28.050(5-b) - Maximum building height within 150 feet of R-A zoned property. (One-story permitted; three-story proposed) . SECTION l8.28.0S0(S-a) - Maximum building height of any building. (Two-story permitted; three-story proposed). That subject variance be granted subject to the following condi- tions: 1. That this variance is granted subject to the completion of Reclassification No. 70-71-16. -2- 2. ThatsuQject property shall be developed substantially in acco~dance with plans and specifications on file with th$ City of Anaheim, marked Exhibits Nos. 1, 2, 3, 4, 5~ 6 and 7, provided, however, that landscaping plans f~r this development shall be submitted to the Develo~ent Services Department for approval; and further:provided, that a 6-foot masonry wall and land- scape sdreening shall be provided along the O.C.F.C.D. channel and Dale Street as stipulated by the petitioner. The City Council hereby reserves the right to revoke such variance pe~it for good cause or failure of said owner, her heirs, succes~ors 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. THE FOR}$GOING RESOLUTION is approved and signed by me this 3rd day of Ndvember, 1970. ~ fJa ~ J hi- ... OR OF THE CI - --OF ~EIM ATTEST: ~ALL- hr. )~~~ C- -'y CLERK OF THE: lory OF ANAHEIM STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) J, c.", . ~\!Ll.i':,L S, vlT, "e-"-KK ,-'i- r, [j.. Ii KUW ~cC;Th.Y THAT THE FOREG'_'~'i,-:'j' i -1_" ',:~ /\L ',' "L,,('U; !J.; NO. 70R-525 '., / ---. - '___ ._~________ L.- L J._ ~ ,.., . J A.I ~~<,8~ . dt. ANAHE!M LiJ((~OUr'lc;iL J,~ November . M. 2lY:-~... ...:~3, 1970 iTY:c'.K I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 70R-525 was passed and adoptecli at a regular meeting of the City Council held on the 3rd day of November, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Pebley, Thom and Dutton NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I F1JRTHER CERTIFY that the Mayor of the City of Anaheim approved _nd signed said resolution on the 3rd day of November, 1970. IN WITN~SS WHEREOF, I have hereunto set my hand and affixed the seal Of the City of Anaheim this 3rd day of November, 1970. ~. )( S--' · ~. _d/~ C Y CLERK OF THE CITY OF ANAHEIM (SEAL) FAL/ms -3-