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1953-2223RESOLUTION NO. 2223 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM SUSTAINING THE ACTION OF THE CITY PLANNING COMMISSION DENYING APPLI- CATION FOR VARIANCE NO. 198 IN THE SET BACK REQUIREMENTS FOR TRACT NO. 1691 EXCEPT AS TO LOTS 12 TO 25 BOTH INCLUSIVE, AND LOTS 31 TO 40 BOTH INCLUSIVE IN SAID TRACT. 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: and Tract No. 1691, located on the North side of West La Palma Avenue between North West Street and Euclid Avenue. WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim on Monday, the 3rd day of August, 1953, 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, in- vestigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. 10, Series 1953 54, recommending to the City Council of the City of Anaheim that Variance No. 198 be denied upon the conditions stated in said resolution; and WHEREAS, thereafter, within 20 days from the date of the adoption of said Resolution, the owners of said 'croperty d1d file a written appeal with the City Council of the City of Anaheim and said appeal was set for Public hearing on the 25th day of August, 1953, at 8:00 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 of the City of Anaheim does find that the action of the City Planning Commission should be sustained, denying said application for a Variance Permit to construct homes in said Tract No. 1691, with a 20 foot set -back instead: of the required 25 foot set -back, except as to Lots 12 to 25 both inclusive and Lots 31 to 40 both inclusive, in said tract; and WHEREAS, the City Council does find that as to the granting of said variance permitting a 20 foot set -back on Lots 12 to 25 and 31 to 40, that: 1. There are exceptional or extraordinary cir- cumstances 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. -1- 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 variance will not be materially detrimental to the public welfare or in- jurious 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 Garden Homes, Incorporated, 1525 North Durant Street, Santa Ana, California, authorizing and permitting them to construct homes on Lots 12 to 25 both inclus- ive and Lots 31 to 40 both inclusive of Tract No. 1691, with a set -back of 20 feet from the front property line. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners or their heirs, successors or assigns to comply with the Anaheim Municipal Code and regulations and the conditions herein. Said variance permit is granted for a definite term and subject to the the reservation and right to revoke, the same as herein specified. THE FOREGOING RESOLUTION is signed and approved by me this 25th day of August 19 53 ATTEST: CITY CLERK OF HE CITY 0 (SEAL) AHEIM MAYOR OF THE C, Y OF AHEIM Pro Tem STATE OF CALIFORNIA) COUNTY OF ORANGE ss. CITY OF ANAHEIM I, CHARLES E. GRIFFITH, 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 of the City of Anaheim, held on the 25th day of August, 1953 by the following vote of the members thereof: AYES: COUNCILMEN: Wisser, Heying and Van Wagoner. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: Pearson and Boney. AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim approved and signed said resolution on the 25th day of August, 1953. IN WITNESS WHEREOF, I Have hereunto set my hand and affixed the seal of the City of Anaheim this 25th day of August, 1953. or wf Ci y Clerk of the i /Anaheim —2—