1962-0752RESOLUTION NO. 62R -752
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 1497
WHEREAS, the City Planning Commission of the City of
Anaheim did receive a petition for zoning variance from
Theodore J. Pietrok and Joan H. Pietrok, owners of certain
real property situated in the City of Anaheim, County of
Orange, State of California, described as follows:
That portion of lot 27 of Anaheim Extension, in the
city of Anaheim, county of Orange, state of California,
as shown on a map of Survey made by William Hamel and
filed in the office of the county recorder of Los
Angeles County, California, a copy of which is shown
in book 3 page 163 et seq., entitled "Los Angeles
County Maps records of said Orange County, described
as follows:
Beginning at the northeast corner of the land described
in Certificate No. 15678 filed in the office of
the Registrar of Titles, in the office of the county
recorder of said county; thence southerly along the
easterly line of said land to the northerly line of
the land described in Certificate No. 19440 filed
in the office of said Registrar; thence easterly
22.00 feet along said northerly line to the westerly
line of the land described in Certificate No. 20274
filed in the office of said Registrar; thence
northerly 6.00 feet to the northwest corner of the
land described in last said Certificate; thence
easterly 185.84 feet along the northerly line of
the land described in the last said Certificate to
the easterly line of said lot; thence northerly
60.00 feet along said easterly line to the easterly
prolongation of the southerly line of the land
described in the deed to Walter A. Gooden and wife
recorded June 9, 1960, in book 5278 page 468 of
Official Records; thence westerly 132.89 feet
along said prolongation and southerly line to the
southwest corner of said land of Gooden; thence
northerly along the westerly line of said land
of Gooden to the easterly prolongation of the
northerly line of the land described in said
Certificate No. 15678; thence westerly 75.00 feet
along last said prolongation to the point of
beginning.
EXCEPT that portion thereof included within
Lemon Street on the East.
AND WHEREAS, the City Planning Commission did hold
a public hearing at the City Hall in the City of Anaheim
upon said petition on July 9, 1962, 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.
394 Series 1962 -63, recommending that Variance No. 1497
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 protesting the action of the City Planning Commission
denying said variance, and said appeal was set for public
hearing on August 14, 1962, at 7 :00 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 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 permitting a waiver of the
single -story height limitations on the property hereinabove
described, subject to the following conditions:
1. That subject property shall be developed
substantially in accordance with plans marked
"Exhibits Nos. 1, 2, 3, 4, 5 and 6" on file
with the City of Anaheim.
2. That the owners of subject property shall deed
to the City of Anaheim a strip of land 30 feet
in width, from the center line of the street,
along Lemon Street for street widening
purposes.
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ATTEST
3. (a) That sidewalks and driveways shall be
constructed along Lemon Street and Vermont
Avenue 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
construction of said sidewalks and driveways.
1. That the owners of subject property shall pay
to the City of Anaheim the sum of $25 per'dwell-
ing unit, to be used for park and recreation
purposes, said amount to be paid at the time
the building permit is issued.
5. That adequate areas for trash storage, accessible
to trash -truck pickup, shall be provided as
determined and required by the Street Maintenance
and Sanitation Division of the Public Works
Department, which areas shall be enclosed with
a solid fence or wall prior to final building
inspection.
6. That the owners of subject property shall pay
to the City of Anaheim the sum of $2.00 per
front foot, along Lemon Street, for street
lighting purposes.
7. That the owners of subject property shall deed
to the City of Anaheim a 3 -foot public utility
easement and a 2 -foot overhang easement along
the southerly and westerly boundaries of said
property.
8. That Conditions Nos. 2, 3(b), 6 and 7 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 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 signed and approved
by me this 14th day of August, 1962.
CIT CLERK OF THE CITY OF ANAHEIM
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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 No. 62R -752 was
introduced and adopted at a regular meeting provided by law, of
the City Council of the City of Anaheim, held on the 14th day of
August, 1962, by the following vote of the, members thereof:
AYES: COUNCILMEN: Dutton, Schutte, Chandler and Coons.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Krein.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim approved and signed said resolution on the 14th day of
August, 1962.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the official seal of the City of Anaheim this 14th day of
August, 1962.
(SEAL)
CIT CLERK OF THE CITY OF ANAHEIM