1960-6560RESOLUTION NO. K h()
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 1105
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from CLARENCE
H. MINERY and FLORENCE M. MINERY, owners, of certain
real property situated in the City of Anaheim, County of Orange,
State of California, described as follows:
The west 150.00 feet of the east 898.00 feet of the north half
of the northeast quarter of the northeast quarter of section
13, Township 4 South, Range 11 West, in the Rancho Los Coyotes,
City of Anaheim, County of Orange, State of California, as per
map recorded in book 51 page 11 of Miscellaneous Maps, in the
Office of the County Recorder of said County.
EXCEPT that portion thereof lying northerly of the southerly
line of the 70.00 foot strip of land described in the Final
Order of Condemnation filed in connection with Case No. 73187
in the Superior Court of the State of California, in and for
the County of Orange, a copy of said Final Order was recorded
September 12, 1958, in book 4414 page 337 of Official Records.
AND WHEREAS, the City Planning Commission did hold a
public hearing at the City Hall in the City of Anaheim upon said
petition on ___October 17, 1960, notices of which said
public hearing were duly given as required by law and the pro-
visions 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. 102 Series
19 60 recommending that Variance No. 1305 be granted
subject to certain conditions set forth therein and
WHEREAS, 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 granting said
variance, and said appeal was set for public hearing on
December 6 19 60 at 7:00 o °clock P.M. at the
City Hall in the City of Anaheim, and notice of such public hear-
ing 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:
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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 preserva-
tion 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 to CLARENCE H. MINERY and FLORENCE M, MINERY,
1002 South Shelton Street, Santa Ana, California, granting a waiver
of the single -story height requirements and permitting the
construction of two -story apartments on the property hereinabove
described to within Ti feet of R -A zoned property, subject to the
following conditions:
1. Final approval of the R -3 reclassification of
subject property now pending.
2. That 20 garages be provided, as required by the
Anaheim Municipal Code.
3. That a strip of land 20 feet in width along and
contiguous to the southerly property line be
deeded to the City of Anaheim to be used for alley
purposes; and that said alley be improved as required
by the City Engineer and in accordance with standard
plans and specifications on file in the Office of
the City Engineer.
(a) That all engineering requirements of the City
of Anaheim such as curbs and gutters, sidewalks,
street grading and paving, drainage facilities, or
other appurtenant work 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; (b) that a bond in an amount and
form satisfactory to the City of Anaheim be posted
with the City to guarantee the installation of said
engineering requirements and the improvement of the
20 -foot alley above mentioned.
5. That a sum of $2 per front foot, along Stinson
Street, be paid to the City of Anaheim for street
lighting purposes.
6. That complete, final plans for the development
of subject property be presented to the City Council
for approval.
7. That Conditions Nos. 3, 4(b) and 5 above mentioned
be complied with within a period of 90 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 owners, their
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 FOREGOING RESOLUTION is approved and signed by me
this 20th day of December, 1960.
ATTEST:
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
20th day of December, 1960, by the following vote of the members
thereof:
AYES: COUNCILMEN: Chandler, Coons, Fry and Thompson.
NOES: COUNCILMEN: Schutte.
ABSENT: COUNCILMEN: None,
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 20th day of
December, 1960,
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 20th day of December,
1960.
(SEAL)
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