59R-5040
RESOLUTION NOo -2040
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM GRANTING A VARIANCE (NO. 1078).
j''--'
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from the prop-
erty owner and/or purchaser of certain real prop-
erty situated in the City of Anaheim, County of Orange, State of
California, described as follows:
That certain property located at 1050 West Ball Road,
Anaheim, California.
AND WHEREAS, the City Planning Commission did hold a pub-
lic hearing at the City Hall in the City of Anaheim upon said peti-
tion on January 19. 1959 . notices of which said public
hearing were duly given as required by law and the provisions of
Section 9200.17 of the Anaheim Municipal Code; and
WHEREAS, said Commission, after due inspection, investiga-
tion and studies made by itself and in its behalf and after due
consideration of all evidence and reports offered at said hearing,
did adopt its Resolution No. 148 . recommending to the City Coun-
cil of the City of Anaheim that Variance No. 1078 be granted upon
the conditions stated in said resolution; and
WHEREAS, the City Council does find 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 pre-
servation 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 ad-
versely 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 RICHARD ANTHONY, 1200 West Ball Road,
Anaheim, California, to construct a family restaurant with cocktail
lounge on the property hereinabove described, subject to the follow-
ing conditions:
-1-
.,...".,
1. That the building be erected in conformity with the
plans presented to the City Council and on file with
the City.
2. That any sign be limited to not over 12 feet in height,
and shall not be of the flashing type.
3. That the owner of subJect property deed to the City of
Anaheim a strip of land 53 feet in width from the
center line of the street along Ball Road for street
widening purposes.
4. That all engineering requirements of the City of Anaheim,
such as curbs and gutters, sidewalks, street grading
and paving, drainage facilities, or other pertinent work,
be complied with as required by the City Engineer, and
in accordance with plans and specifications on file in
the office of said City Engineer.
5. That the owner of subject property pay to the City of
Anaheim the sum of $2.00 per front foot for street
lighting purposes.
6. That Conditions Nos. 3, 4 and 5 hereof shall be complied
with within a period of 90 days from date hereof or such
further time as the Council may grant.
THE FOREGOING RESOLUTION failed to carry by the required
majority vote of the members of the City Council.
Dated: February 17, 1959.
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 the foregoing resolution was introduced
at an adJourned regular meeting provided by law, of the City
Council of the City of Anaheim, held on the 17th day of February,
1959, but failed to carry by a majority vote of the members
thereof, said vote being as follows:
AYES: COUNCILMEN: Coons.
NOES: COUNCILMEN: Borden, Fry, Pearson and Schutte.
ABSENT: COUNCILMEN: None.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 17th day of
February, 1959.
-
( SEAL)
~~~
CI LE~C)f TH~ANAHEIJVI'
-2-