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1955-2749RESOLUTION NO. 2749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM DISAPPROVING THE ACTION OF THE CITY PLANNING COMMISSION DENYING APPLICATION FOR VARIANCE NO. 341, AND GRANTING SAID VARIANCE FOR NURSERY BUSINESS AND WAIVING THE REQT,TIRLaLNT 02 A P-L ZONE. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition from the owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The easterly 115 feet of the property conveyed to David Collins and wife by the Bank of America Trust and Savins Association, recorded Dec. 14, 1954 in Book 2896, Page 166, Official Records, Orange County, California. (This land is the easterly 115 feet of the parcel described as AP 82-100-29 on the County Tax Assessment Roll for the fiscal year 1954-55 and fronts on the north side of Ball Road. It is further described as 129 West Ball Road.) AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on April 18, 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 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, 145 Series 1954-55, denying Variance No. 341, requesting a waiver of the P-L Zone, for the reascns set forth in said resolution; 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 re- questing a review of the action taken by said Planning Com- mission, and said appeal was set for public hearing on May 10, 1955 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 Section 9200.17 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 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. -1- ATTEST: (SEAL) 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 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 to DAVID S. COLLINS, 9952 Los Angeles Street, Anaheim, California, for a nursery busi- ness, and waiving the requirement of a P-L, PARKING-LANDSCAPING ZONE on the above described property, as requested in Applica- tion for Variance No. 341; and that the action of the City Planning Commission denying a waiver of the P-L ZONE be, and the same is hereby, disapproved. The City Council hereby reserves the r right to revoke such variance permit for -pod cause or failure of said owner or its 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 aproved by me this 10th day of May, 1955. r Lf 4 CITY CLERK OF THE CITY 0 ANAHEIM. STAYE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE N. WILLIAMS, 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 10th day of May, 1955, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser, and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. 2 c MAYOR OF tHE CITY'OF ANAHEIM. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day of May, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of May, 1955. C I T 0 ERK OF THE CITY -2-