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70R-025 RESOLUTION NO. 70R-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIN GRANTING VARIANCE NO. 2140 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Georqe F. Doherty, Owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lot 83 of Tract 1591, in the City of Anaheim, as per map recorded in Book 54, pages 36 to 39 inclusive of Mis- cellaneous Maps, in the office of the County Recorder of said Orange County. 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 15, 1969 , 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. PC69-249 denyinq Variance No. 2140 ; and WHEREAS, thereafter, within twenty-two (22) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission denyinq said variance, and said appeal was set for public hearing on January 13 19 70 , at 1:30 o'clock PoM. at 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 -1- ~,~-""-"" 'dHEREAS, after due investigation and studies made by 1tself and in its behalf, and after due conslderation of all the evidence and reports offered at said hearing, the City Councll -~ does find and determine that: 1. There are exceptional or extraordinary C1rcum- 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 var1ance is necessary for the preser- vation and enjoyment of a substantial property right possessed by other property in the same viC1n1ty 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. Nmv, THEREFORE, BE IT RESOLVED by the City Counc~l of the City of Anaheim that a conditional zoning variance be, and the same is hereby granted permitting the use of R-l, Residential Property to be used as an art studio subject to the condition that the activity conforms to the provisions of a Home Occupation, as established and defined in the Anaheim Municipal Code, with the exception that the activity may be permitted without living on the premises, and further subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Public Works. 2. That all air conditioning facilities shall be properly shielded from view, and the sound buffered from adjacent residential homes. 3. That any parking area lighting proposed shall be down- lighting of a maximum height of 6 feet, which lighting shall be directed away from the property lines to protect the residential integrity of the area. 4. That the existing structure shall be brought up to minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Housing, Mechani- cal and Fire Codes as adopted by the City of Anaheim. 5. That the final parking plan shall be approved by the Development Services Department, and any landscaped areas in the parking area shall be protected with 6-inch high, concrete curbs, and concrete wheel stops shall be pro- vided for parking spaces, and the rear parking area shall be properly surfaced, as required by the Development Services Department. 6. That subject property shall be developed in accordance with the C-l site development standards regarding retention and maintenance of existing landscaping and that all parking shall be to the rear of the structure. -2- .,.,.-~". .....*-~-"'+,,, 7. That Conditions Nos. 1, 2, 3, 4, 5 and 6 above- mentioned, shall be complied with prior to final building and zoning inspections. 8. The number of employees shall be limited to one. 9. That subject property shall be developed sub- stantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit Nos. 1 and 2. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his 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. this THE FOREGOING RESOLUTION is approved and signed by me 13th day of January, 1970. ~)~ ~ MAYOR a T ATTEST: ~,-);(- ~ ~ . I Y CLERK OF T~ ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SS. ) i, ,\"!;_L.L"j\E, jTo'\"':Li;..RKlk-TH.:.~~i1 '1 ,,:1/1, (; ,: .L.'" { <,'c < fl i- 11 riA T THE FOREGOIt.:G I:' r ,-it. ,(I~I N. f,~, "f:Sec;) duN NO, 70R- 25 DULY r'A:.:",lD AND i,lI_PrD Bl. D BY T~E. A~AHEi CITY COUNCIL ON Jan~;;b _13, ~ ~-_._- I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a ------~ regular meeting of the City Council held on the 13th day of January , 19 70 , by the following vote of the members thereof: ---- AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 13th day of January , 19~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of January , 19 70 . ~ ~- ){.Ic~. . . CLERK OF THE CITY OF ANAHEIM (SEAL) -3- FAL/ms-3-l2-70 ~_",_~,_7tc