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58R-4921 RESOLUTION NO. 4921 ,.- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING A VARIANCE .0. 1046. WHEREAS, the City Planning Commission of the City o~ Anaheim did receive a petition for zoning variance from the property owner and/or purchaser under contract of oertain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: All of Lots 16, 17 and 18 in Tract No. 1843, in the City of Anaheim, County of Orange, State o~ California as per map thereof recorded in Book 53, Pages 45 and 46 of Miscellaneous Maps, record. of said County, lying Easterly of the following described line: Said line being particularly described as follows: BEGINNING at a point in the Southerly line of Lot 18 of said tract, 50 feet Westerly measured along said Southerly line of said lot from the Southeast corner of said Lot; thence Northerly parallel with the Westerly line of said lot, 15 ~eet; thence Westerly along a line that is parallel with and 15 feet Northerly from said Southerly line of said lot 18, a distance of 45 feet to a point in a line that is parallel with and 5 feet Easterly from the West- erly line of said Lot 18; thence Northerly along said parallel line 50 feet to its intersection with the Easterly prolongation of the Northerly line of Lot 13, as said Lot 13 is shown on the Map of said Tract 1843; thence Westerly along said parallel line 5 feet to it. intersection with the Westerly line of said Lot 18; thence Northerly along said parallel line 11.35 feet to the Southwesterly corner of Lot 17 of said Tract 1843; thence Easterly along the Southerly line of said Lot 17 a distance of 20 feet; thence Northerly and parallel with the Easterly line of Placentia Avenue as said Avenue is shown on the Map of said Tract 1843, a distance of 143056 feet to the Northerly line of Lot 16 of said Tract 1843, being the end of said above described line. EXCEPT THEREFROM all oil, gas, petroleum and other hydrocarbon substances and minerals in or under said land below a plane of 500 feet, but without the right of surface entry above 500 feet from the surface of said land for any development or said substances as reserved in the deed from Walter R. Ward, at al., and recorded October 8, 1953 in Book 2590, Page 404 of Official Records of said Orange County. ..- A~D WHEREAS, the City Planning Commission did hold a public hearing in the Wesley Methodist Church, corner of Wilhelmina and Los Angeles Streets, in the City of Anaheim upon said petition on November 3, 1958, notices of which said public hearing were duly given as required by law and the provisions of Section 9200017 of the Anaheim Municipal Code; and -1- - - WHEREAS, said 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 its Resolution No. 89, Series 1958-59, recommending to the City Council of the City or Anaheim that Variance No. 1046 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 or 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 suoh 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 P. M. WARD, 2057 Eileen Drive, Anaheim, Calirornia, to construct a 20 Unit Motel and Pool and Manager's Apartment upon the property hereinabove described, subject to the following comditions: 1. That sidewalks be installed as required by the City Engineer. 2. That the owner of subject property pay to the City of Anaheim the sum of '2.00 per foot for street lighting purposes. 3. That the building to be erected on subject property shall be constructed in conformity with the plans submitted to the City Council and on file with the City of Anaheim; and that the lighted sign to be placed on said property be located 80 that it will not shine in the adjacent residential homes. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said purchaser under contract or his heirs, 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 -2- - Anaheim Municipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is signed and approv~d by me this 16th day of Deoember, 1958. - , //~ MAlt(~t1iEq~(1f o~ ATTEST: ~ . j --..' ~- 0-.--. . / "/f ' LBR~ OF ~6'I~IM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SSe ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at an adjourned regular meeting pro- vided by law, of the City Council of the City of Anaheim, held on the 16th day of December, 1958, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte and Coons. NOES: COUNCILMEN: Borden. ABSENT: COUNCILMEN: None. And I further certify that the Mayor of the City of Anaheim approved and signed said resolution on the 16th day of December, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day or Deoember, 1958. ~m2:0F~~ABEIH (SEAL) - -3-