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70R-228 - RESOLUTION NO. 70R-228 .........~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF M~AHEIM GRANTING VARIM~CE NO. 2165 WHEREAS, the City Planning Commission of e1e City of Anaheim did receive a petition for zoning variance from LARWIN MULTIHOUSING CORP. AS ~GENT FOR T.E. AND MILDRED B. YELLIS, OWNER of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: A parcel of land situated in the State of California, County of Orange, City of Anaheim, being a portion of the North half of the northwest quarter of the south- west quarter of Section 8, Township 4 South, Range 10 West, San Bernardino Meridian, described as follows: Beginning at a point in the northerly line of said southwest quarter of Section 8, said point bearing South 890 43' 22" East 360.02 feet from the northwest corner of said southwest quarter; thence, along said northerly line South 890 43' 2211 East 970.56 feet to the northeast corner of said northwest quarter of said southwest quarter; thence, South 000 09' 09" West 656.51 feet along the easterly line of said northwest quarter to the northerly line of Tract No. 5053 as recorded in Miscellaneous Maps, Book 183, pages 34 through 38, records of Orange County; thence, North 890 40' 0911 West 969.23 feet along said northerly line of Tract No. 5053 to a point lying on a line 360.00 feet easterly, measured at right angles, from the westerly line of said southwest quarter; thence, parallel to said westerly line of said southwest quarter of Section 8, North 000 16' 10" West 655.62 feet 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 ~ril 6, 1970 , notice of which said public hearing was du y 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 70-60 granting Variance No. 2165 subject to conditions ; 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 granting said variance and did set a public hearing thereon to be held on the 12th day of May , 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 to establish a 380-unit, two-story apartment project on the property hereinbefore described with waivers of the fOllowing Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1. Minimum required distance between buildings. (25, 28, 30, 34, and 19 feet required; 22, 22, 27, 30 and 15 feet proposed) . (Section 18.28.050 (7-a) . 2. Maximum building height within 150 feet of R-A zoned property. (One-story permitted; two-story within 112 feet of R-A zoned property proposed). (Section 18.28.0S0(S-b)i 3. Minimum required landscaped setback area. (15 feet adjacent to local streets required; 5 feet proposed). (Section 18.28.050(6-a-4); That said variance is granted subject to the following conditions: 1. That this variance is granted sub ject to the completion of Reclassification No. 69-70-48. -2- 2. That subject property shall be developed substantially in accordiance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1, 2, 3, and 4. - 3. That the 5-foot sidewalk along the east side of the new north-so.th street shall be located adjacent to the curb, except where fire hydrants are located said width shall be incre.sed so that a 5-foot width exists to the rear of the fire hydrants, as stipulated to by the petitioner. The balance of the13-foot parkway width shall be in- corporated into the landscaping plan proposed adjacent to the open parking areas. Both sidewalks and land- scaping shall be completed prior to final building and zoning inspections. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its 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 Amaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 12th day of May, 1970. 1 ~ (1 -~~- -k (.'j~ MAY OF THE CITY OF ANAHEIM ATTEST: DENE M. WILLIAMS, CITY CLERK Bv ~ )77. $~ Deputy CITY CLERK OF THE CITY OF ANAHEIM FAL:kw: 6/22/70 -3- ....-. 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 th~ foregoing Resolution No. 70R-228 was intro- duced and adopted at a jregular meeting provided by law, of the City Council of the City of Anaheim, held on the 12th day of May, 1970, by the following vote of the members thereof: AYES: COUNCILMEN: Clark, Stephenson, Thom and Dutton NOES: COUNciLMEN: None ABSENT: COUNCILMEN: Pebley AND I FURTHE~ CERTIFY that the Mayor of the City of Anaheim approved and signed sa~d Resolution No. 70R-228 on the 12th day of May, 1970. IN WITNESS wHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of May, 1970. DENE M. WILLIAMS, CITY CLERK By ~ /--h. $ ~eputy CITY CLERK 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-228 duly passed and adopted by the Anaheim City Council on May 12, 1970. DENE M. WILLIAMS, CITY CLERK /:' n l~ a---' By (A,A::',<1-rlA\", / /1 ~ ~eputy