63-0393RESOLUTION NO. 63R -393
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING THAT PORTION OF VARIANCE
NO. 1564 PERTAINING TO A LOT SPLIT, TO PERMIT
THE CREATION OF TWO LOTS HAVING A FRONTAGE LESS
THAN THE MINIMUM REQUIRED IN AN R -O ZONE, AND
DENYING THAT PORTION RELATING TO THE CONSTRUCTION
OF A THREE- FAMILY DWELLING UNIT WITH LESS THAN
2,000 SQUARE FEET PER UNIT.
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
MARGARET BLACKWELL, owner of certain real property situated
in the City of Anaheim, County of Orange, State of California,
described as follows:
That portion of lot 17•of the Anaheim Homestead Tract,
in the city of Anaheim, county of Orange, state of
California, as per map recorded in book 26,page 10 of
Miscellaneous Records in the office of the county re-
corder of Los Angeles County, California, included
within the following described lines:
Beginning at the intersection of the center lines of
North Street and West Street as shown on said map;
thence South 85 19' 00" West 180.00 feet along said
center line of North Street to the northerly pro-
longation of the easterly line of the land described
in the deed to Herbert E. Blackwell et ux, recorded
July 16, 1952 in book 2357, page 93 of Official
Records; thence southerly 170.66 feet along said
prolongation and easterly line, to the northerly line
of the land described in the deed to Ruth Brown recorded
May 8, 1952 in book 2326, page 519 of Official Records;
thence easterly along said northerly line and its
easterly prolongation to said center line of West
Street; thence northerly 175.02 feet along last said
center line 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 April 15, 1963, 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. 717,
Series 1962 -63, recommending that Variance No. 1564 be denied;
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 pro-
testing the action of the City Planning Commission denying
said variance, said appeal pertaining only to the denial of
that portion of said variance relating to a lot split, and
said appeal was set for public hearing on May 14, 1963, at
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7:60 o'clock P.M. 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
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
circumstances 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
preservation 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 permitting a lot split and
the creation of two lots from the property hereinbefore des-
cribed, each having less than the minimum frontage required
by the Anaheim Municipal Code, the dimensions of said lots,
however, to be as shown on plans submitted to the City Council
and on file with the City of Anaheim. That said variance
permitting said lot split is granted subject to the following
conditions:
1. (a) That all engineering requirements of the
City of Anaheim along West Street, including
preparation of improvement plans and installa-
tion of all improvements, such as curbs and
gutters, sidewalks, street grading and paving,
drainage facilities, or other appurtenant work
shall be complied with as required by the City
Engineer and in accordance with standard plans
and specifications on file in the Office of
the City Engineer; and (b) that a bond in an
amount and form satisfactory to the City of
Anaheim shall be posted with the City to
guarantee the installation of said engineering
requirements.
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2. (a) That sidewalks shall be installed on the
North Street frontage as required by the City
Engineer and in accordance with standard plans
and specifications on file in the Office of
the City Engineer; and (b) that a bond in an
amount and form satisfactory to the City of
Anaheim shall be posted with the City to
guarantee the installation of said sidewalks.
3. That the owner of subject property shall deed
to the City of Anaheim the required property,
as indicated on the drawing marked "Exhibit A"
(on file with the City of Anaheim), to
accomplish the street realignment at the inter-
section shown on said Exhibit A.
4. That the owner of subject property shall pay
to the City of Anaheim the sum of $2.00 per
front foot, along North and West Streets, for
street lighting purposes.
5. That the owner of subject property shall pay
to the City of Anaheim the sum of $25.00 per
dwelling unit, to be used for park and recrea-
tion purposes, said amount to be paid at the
time the building permit is issued.
6. That the owner of subject property shall place
of record City of Anaheim Deed Restrictions,
approved by the City Attorney, which restrictions
shall provide for architectural control by the
City Architectural Control Committee.
7. That a Record of Survey of subject property
shall be filed in the Office of the Orange
County Recorder.
8. That Conditions Nos. 1(b), 2(b), 3 and 4 above
mentioned shall be complied with within a period
of 180 days from date hereof, or such further
time as the City Council may grant.
The City Council hereby reserves the right to revoke
such variance permit for good cause or failure of said owner,
her 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 Anaheim
Municipal Code unless otherwise specified herein.
BE IT FURTHER RESOLVED that that portion of the above
mentioned petition for a zoning variance to permit the construc-
tion of a three family dwelling unit, with less than 2,000
square feet per unit, on the property hereinbefore described,
be and the same is hereby denied.
THE FOREGOING RESOLUTION is approved and signed by
me this 14th day of May, 1963,
ATTEST:
c y CL
OF HE CITY OF ANAHEIM
YOR OF THE CITY OF ANAHEIM
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
passed and adopted at a regular meeting of the City Council
held on the 14th day of May, 1963, by the following vote of
the members thereof:
AYES: COUNCILMEN: Dutton, Chandler, Krein and Coons.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Schutte.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 14th day
of May, 1963.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 14th day of May,
1963.
(SEAL)
,CLERK OF THE Y IF