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1955-2787RESOLUTION NO. 2787 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE ACTION OF THE CITY PLANNING COMMISSION GRANTING VARIANCE NO. 335, ON CONDITION THAT THE MOTEL, RESTAURANT AND COCKTAIL LOUNGE BE CONSTRUCTED IN ACCORDANCE WITH PRELIMINARY PLANS AND ELEVATIONS SUB- MITTED TO THE PLANNING COMMISSION AND ORDERED FILED, WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition from the property owner and /or agent of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: A parcel of land comprising approximately three acres of farming land, improved with a dwelling house and garage, situated at 10702 S. Harbor Blvd., Anaheim, California, and more particularly described as follows: That portion of the Southwest quarter of the Northwest quarter of the Southeast quarter of Section 22, Township 4 South, Range 10 West, S.B.B. M. described as follows: Beginning at the Southeast corner of land described in deed to David Ragin and wife, recorded March 7th, 1951, in Book 2154, Page 306 of Official Records, said point being in the West line of the Southeast quarter of said Section 22 and distant South 0° i4' 30" East 889.26 feet from the center of said Section 22, said center being the intersection of the center line of Cerritos Avenue from the West with the North and South quarter section line of said Section 22; thence North 89° 55 30" East along the South line of said land of David Ragin to the East line of the Southwest quarter of the Northwest quarter of the Southeast quarter of said Section 22; thence South 0° 10 45" East along said East line to the Southeast corner of land described in deed to Phillip Daniels and wife, recorded June 27th, 1941 in Book 1097, Page 432 of Official Records; thence Westerly along the South line of said land of Phillip Daniels to the West line of the Southeast quarter of said Section 22; thence North 0° 14' 30" West 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 the 16th day of May, 1955, notices of which said public hearing were duly given as required by law and the provisions of Section 9200,17 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports -1- offered at said hearing, did adopt its Resolution No. 158 Series 1954 -55, recommending to the City Council of the City of Anaheim that Variance No. 335 be granted upon the conditions stated in said resolution; 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 pre- servation 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 a variance will not be materially detrimental to the public wel- fare or injurious to the property or improve- ments in such vicinity and zone in which the property is located. 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 PHILLIP DANIELS, 10702 SOUTH HARBOR BOULEVARD, ANAHEIM, CALIFORNIA for the use of said property for the following purposes: To erect and operate a motel, restaurant and cocktail lounge, upon the condition set forth in Resolution No. 158 Series 1954 -55 of the City Planning Comry!ission, namely: A building line setback as specified by the County Road Commissioner and the City Engineer of the City of Anaheim; and upon the further condition that the motel, restaurant and cocktail lounge be constructed in accordance with preliminary plans and elevations submitted to the City Planning Commission and ordered filed. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner or 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 FOREGOING RESOLUTION is sigied and approved by me this 31st day of May, 1955, ATT::. T CITY CLE K OF THE CITY OF ANAHEIM. -2- Y0R 0 THE 0 AN HE VIM =I (SEAL) 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 adopted upon a final reading at an adjourned regular meeting of the City Council of the City of Anaheim, held on the 31st day of May, 1955, by the following vote of the members thereof: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: COUNCILMEN: AND, I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 31st day of May, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim:this 31st day of May, 1955. Az- CITY CLERK OF THE CITY OF ANAHEIM Pearson, Fry, Schutte, Wisser, and Van Wagoner. None. None.