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1955-2639RESOLUTION NO. 2639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUSTAINING THE ACTION OF THE CITY PLANNING COMMISSION GRANTING VARIANCE NO. 278, BUT ELIMINATING THEREFROM THE RE[7IREMENT OF A P -L ZONE. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition from the property owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: That portion of Lot 26 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, a copy of which is shown in Book 3, Page 163, et seq, entitled "Los Angeles County Maps," in the Office of the County Recorder of said Orange County, described as follows: Beginning at the center line intersection of Ball Road and Los Angeles Street; thence North 15° 32 15" West, 213.19 feet along the said center line of Los Angeles Street to a line parallel with and southerly 290.00 feet from the northerly line of the land described in deed to R. L. Keith, et ux, recorded November 18, 1946 in Book 1456, Page 555 of Official Records of said Orange County; thence South 74° 20' X5" West, parallel with said northerly line to a line parallel with and 200.00 feet westerly from said center line of Los Angeles Street; thence South 15 32 15" East, 157.52 feet parallel with said Los Angeles Street center line to the center line of said Ball Road; thence North 89° 55' 15" East 207.51 feet to the point of beginning. EXCEPT the easterly 30 feet thereof included within Los Angeles Street. Also EXCEPT the southerly 50 feet thereof measured from the center line of said Ball Road. Also EXCEPT from that portion of said land lying southerly of the following described line: Beginning at the southeast corner of said Lot 26, said point being the intersection of the center line of Los Angeles Street with the center line of Ball Road as shown on said survey; thence North 15 32 15" West 150.00 feet along the northeasterly line of said Lot 26; thence South �4° 27 5" West 30.00 feet; thence South 86° 33' 40" West 173.86 feet to a point in a line which is parallel to and 200 feet southwesterly from the said northeasterly line of said lot. PARCEL 2: An easement over a strip of land 20 feet wide over a portion of Lot 26 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, a copy of which is shown in Book 3, Page 163, et seq, entitled "Los Angeles County Maps," in the Office of the County Recorder of said Orange County, the southerly line of which is parallel with and northerly 30 feet from the center line of Ball Road as shown on said map. EXCEPT any portion thereof included within Los Angeles Street. -1- ALSO EXCEPT any portion thereof lying westerly of a line parallel with and westerly 200.00 feet measured at right angles from the center line of Los Angeles Street. Said land is included within the area shown on a map filed in Book 18, Page 42 of Records of Surveys, in the Office of the County Recorder of said County. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on January 17, 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. 69 Series 195L1. -55, granting Variance No. 278 upon the conditions therein stated, but denying a waiver of the P -L, PARKING LANDSCAPING ZONE; and WHEREAS, within twenty (20) days from and after the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action of the City Planning Commission in granting said variance, but denying a waiver of the P -L, PARKING LANDSCAPING ZONE, and did set a public hearing thereon to be held on the 21st day of February, 1955 at 7:00 o'clock P.M. in the City Hall in the City of Anaheim; 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 circumstances or conditions applicable to the property involved or to the in- tended 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 preservation 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 welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. I. 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 Variance No. 278, requesting permission to erect a Super Service Station on the above described property, and a waiver of the P -L, PARKING LAND- SCAPING ZONE, be and the same is hereby, granted upon the following conditions: -2- 1. Deeding of a 20 -foot strip along South Los Angeles Street and Ball Road for street widening purposes. 2. Installation of curbing along Ball Road 32 feet from the center line. 3. Improving to the existing pavement on Ball Road. 4. Construction of sidewalks along Ball Road next to the curb. 5. Construction of sidewalks on Los Angeles Street 20 feet from the present curb. The City Council hereby reserves the right to re- voke 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 21st day of February, 1955. MAYOR OF THE' CTY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of February, 1955. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of February, 1955. I, DENE M. 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 21st day of February, 1955, by the following vote: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. (SEAL) /1- GECwyn- CITY CLERK OF THE CITY OF ANAHEIM