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1960-5778RESOLUTION NO. 5773 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1174. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Robert Bernard Bolster, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Lot No. 103 of Tract No. 1697, as shown on a map recorded in Book 59, Pages 43, 44 and 45 of Miscel- laneous Maps in the Office of the County Recorder of Orange County, California; 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 21, 1959, notices of which said public hearing were duly given as required by law and the provisions of Section 9200.17 of the Anaheirn Municipal Code; and WHEREAS, said Commission, after due inspection, inves- tigation 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. 134, denying Variance No. 1174; and WEEREAS, thereafter, within twenty (20) 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 denying said variance, and said appeal was set for public hearing on January 19, 1960, at 7:00 o'clock P.I. 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 Section 9200.17 of the Anaheim Muni- cipal Code; 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 preser- vation 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. L. 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 waiving the height limitation pro- vision for fences on side yards of reversed corner lots, on the -1- property hereinabove described, and granting said variance upon condition that the proposed swimming pool be installed in accord- ance with the renderings submitted to the City Council and on file with the City of Anaheim. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, 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 Anaheim Municipal Code unless otherwise specified herein. THE FOREGOI'IG RESOLUTION is approved and signed by me this 26th day of January, 1960. ATTEST: (SEAL) LERK 0 iI ITY 0 ANAHET7 STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANA.IEIN I, DENE M. 1 ,11LLIAI S, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular .meeting provided by law, of the City Council of the City of Anaheim, held on the 26th day of January, 1960, by the following vote of the members thereof: AYES: COIJNCILNEN: Fry, Pearson, Thompson and Schuttc. NOES: COUNCILI'IEN: Coons. ABSENT: COUNCIL 'EN: None. AND I FURTHER CERTIFY that the I'Niayor of the City of Anaheim approved and signed said resolution on the 26th day of January, 1960. IN WITNESS ~JH REOF, I have hereunto set my hand and affixed the official seal of the City of Anaheirl this 26th day of January, 1960. -2- L_ OF THE CIT OF .NNAHEIM