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70R-391 RESOLUTION NO. 70R-39l -- A RESOLUTIO~ OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2185, IN ~ART. WHEREAS, th~ City Planning Commission of the City of Anaheim did receive al petition for zoning variance from Howard w. Unkrey~~gen~~or Harold V. _To~ar, ownerL--- of certain real prope~ty situated in the City of Anaheim, County of Orange, State of C~lifornia, described as follows; That portion o~ the Southeast quarter of the Northeast quarter of Sec~ion 17, Township 4 South, Range 10 West, in the Rancho ~os Coyotes, in the City of Anaheim, as per map record~d in Book 51, page 10, Miscellaneous Maps, in the O~fice of the County Recorder of said County, descriqed as follows: Beginning at t~e intersection of the Easterly prolongation of the Souther~y line of Lot 76 of Tract No. 2402, as per Map recorded i~-Book 79, pages 37, 38 and 39, Miscellaneous Maps, in the O~fice of the County Recorder of said County, with the centerline of Euclid Avenue as shown on said map and running th~nce Southerly along said centerline 166 feet to a point; thence Westerly parallel with the South- erly line of said Lot 76 to a point in the Easterly line of said Tract No. 2402; thence Northerly along said East- erly line to the Southwesterly corner of said Lot 76; thence Easterly along the Southerly line of said lot and the Easterly p~olongation thereof to the point of begin- ning. EXCEPT the Southerly 66 feet. AND WHEREA~, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said peti tion on Ju1~ 13, 1970 , notice of which said public hearing was duly giv~n as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, s~id 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. PC70-129 granting Variance No. 2185, i~ part, subject __ to the ~2Pditio~er~inafter 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 Cortl-mission in grantilliLifl~a~tSaid variance and did set a public hearing thereon to be held on the 4th day of Auqust , ]9~_, 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 l8.7G of the Anaheim Municipal Code; and I'HIEREAS, after due investigation and studies made by itself and in lts beh~lf, and after due consideration of all the evidence and reports bffered at said hearing, the City CouncIl does find and determine that: 1. There are e~ceptiona1 or extraordinary Clrcum- stances or bonditions applicable to the property involved or" to the intended use of the property that do not: apply generally to the property or class of us~ in the same vicinity and zone. 2. That such a varlance is necessary for the preser- vation and ~njoyment of a substantial property right posse~sed by other property in the same viClnity ana zone and denied to the property in question. 3. That the gr~nting of such variance will not be materially ~etrimental to the public welfare or injurious t9 the property or improvements in such vicinity an~ zone in which the property is located, 4. That the gr~nting of such variance will not adversely affect the ~omprehensive general zoning plan. Nrnv, THEREF~RE, BE IT RESOLVED by the City CounCll of the City of Anaheim t~at a conditional zoning variance be, and the same is hereby gr~nted, in part, permitting the establishment of a real estate offipe in a residential structure on the property hereinbefore describea with a waiver of the following Anaheim Municipal Code requir~ent or limitation: SECTION l8.40.0pO(a) - Code requirement that all parking shall be provided to the rear of the commercially used residential structure. (Parking is proposed in the required side yard of the structure). Said Variance is granted, in part, subject to the following con- ditions: 1. That this variance is granted subject to the com- pletion of Reclassification No. 70-71-3. 2. That a 6-f~ot masonry wall shall be constructed along the west property line, as stipulated to by the Petitioner, and shall be completed prior to issuance of a busin~ss license for the operation of the use. 3. That a tim~ limitation of three years shall be granted for the use of the existing residential structure and parking pl~n, and upon request by the Petitioner, an additional year may be granted, if approved by the Planning Commission and/or City Council. 4. That subje~t property shall be developed substantially in accorda~ce with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2, provided t~at necessary revisions are made to comply with Area Development Plan No. 95. -2- The City qounci1 hereby reserves the right to revoke such variance permi~ for good cause or failure of said owner, his heirs, successo~s or assigns, to comply with the Anaheim Municipal Code and ~egulations and the conditions herein. Said variance is granted lfor the term prescribed by the Anaheim Muni- cipal Code unless o~herwise specified herein. THE FOREGqING RESOLUTION is approved and signed by me this 4th day of Aug~st, 1970. ',- ATTEST: ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE SSe CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify t~t the foregoing resolution was passed and adopted at a --- : regular meeting of the City Council held on the 4th day ofl August , 19~, by the following vote of the members ~hereof: AYES: CPUNCIU1EN: Clark, Stephenson, Pebley, Thorn and Dutton NOES: CPUNCIIklEN: None ABSENT: CPUNCILHEN: None AND I FURTaER CERTIFY that the Mayor of the City of Anaheim approved andl signed said resolution on the 4th day of August , 19~_. IN WITNESS! WHEREOF, I have hereunto set my hand and affixed the seal of ~he City of Anaheim this 4th day of August , 19k. ~ .jM.~ CI CLERK OF THE CITY OF ANAHEIM (SEAL) I, DENE M. W~LLIAMS, City Clerk of the City of Anaheim, do hereby certify that the ~oregoing is the original of Resolution No. 70R-39l duly passed and adopted by the Anaheim City Council on August 4, 1970. 1L- )( ~~ City Clerk -3- FAL/ms-8-27-70 ~~