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58R-4733 - RESOLUTION NO. 4733 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROV1NG AND AUTHORIZING. THE EXE- CUTION OF A STIPULATED AGREEMENT WITH. LEO FREEDMAN RELATIVE TO "RELATED APPURTENANCES" REFERRED TO IN VARIANCE NO. 1021. WHEREAS, a petition for zoning variance was filed wIth the City PlannIng Commission on or about July 30, 1958, by Leo Freedman, 470 South Roxbury DrIve, Beverly Hills, California, Application No. l02l, requesting permission to construct and operate a Motor Hotel and appurtenances relative thereto on the property thereIn described; and WHEREAS, the City PlannIng Commission did hold a public hearing upon said petition for zoning variance and after due investigation and consideration of all evidence and reports offered at said hearing did adopt Resolution No. 40 granting said Variance No. 1021 upon the conditions set forth in said resolution; and WHEREAS, there were no written protests filed obJect- ing to the action of said Planning Commission; and WHEREAS, the City Council questioned the action of the PlannIng Commission because of the indefiniteness of the term in said variance, "related appurtenances"; and WHEREAS, the apwlicant, Leo Freedman, specified and stIpulated that the term related appurtenances" should mean "such facilities that are by use and custom related to the operation of a hotel for the convenIence of its guests and neighbors, and shall include any of the following uses, to wit: drug store, package liquor store, haberdashery, ladies' wear shop, bank, barber shop, beauty parlor, valet shop, coffee shop, restaurant, ballroom, banquet rooms, conference rooms, club rooms, cIgar stand, newsstand, press club or other permanent organizational quarters, and such other incidental or related uses of a similar character as shall not be detrimental to the prIncipal use or the surrounding area"; and WHEREAS, with this understanding and definition of the term "related appurtenances" as applied to this variance, the Council is satisfied with the action of the Planning Com- mission, but feels that the meanIng of the term should be defined particularly by a written agreement between the appli- cant, Leo Freedman, and the City of Anaheim. .- NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the City Council waive its right of review of the actIon taken by the City Planning Commission on said variance on the basis that the term "related appurtenances" shall mean as above set forth, and that the applicant, Leo Freedman, enter into a written aireement with the City defining such term "related appurtenances as above set forth. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby, authorized for and on behalf of the City of Anaheim to enter into a contract with Leo Freedman defining and specifying said term. -1- . - .- THE FOREGOING RESOLUTION is approved and signed by me this 2nd day of September, 1958. w~~ MAYO F .. CIJ . PRO It ATTEST: '~El~ ~:i~~M STATE OF CALIFORNIA ) COUlITY 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 and adopted at an adjourned regular meeting provided by law of the City Council of the City of Anaheim, held on the 2nd day of September, 1958, by the following vote: AYES: COUNCILMEN: Borden, Fry, Schutte and Coons. NOES: COUNC I LMEN: None. ABSENT: COUNCILMEN: Pearson. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 2nd day of September, 1958. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Anaheim this 2nd day of September, 1958. ~~h~.-/ CLERK OF T~ XNAKUM ( SEAL ) ~. -2-