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1946-14841 2 3 4 5 6 10 11 7 8 9 12 13 14 15 FRI'S Er SCHUTZ Amain' er Las BI-.M CCCC V MECCA BLDG. ANAHEIM, CALIFORNIA Truman 3456 RESOLUTION NO 1484 RESOLUTION GRAFTING A VARIANCE Whereas the owner of certain real property situated in the .City of Anaheim, Orange County, California described as the North 500 feet of the West 480.89 feet of Lot 4 as shown on record of survey map filed in Book 1, Page 56, License Surveyor's Maps, Orange County, California, has filed with the City Planning Commission of the City of Anaheim a petition requesting that a variance be granted Permitting the operation of the business of extracting sand there- from. WHEREAS, the City Council fines from consideration and in- vestigation of the facts end the re-?ort and recommendations of the City Planning Commission that (1) Special circumstances and exceptional conditions do exist 16 ist as to the above described real property that do not apply generally to the property or classes of uses in the same zone or district. (2) That a variance is necessary for the preservation and 17 enjoyment of a substantial property right of said petitioner. (3) That the granting of such conditional variance will not 18 b detrimental to the public welfare or injurious to the property or improvements in the district wherein said property is located, 19 provided the conditions hereinafter set forth are complied with. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 21 CITY OF ANAHEIM, that a conditional variance is hereby granted where 22 by the business of extracting sand_ therefrom may be maintained and 23 operated upon said real property upon the following conditions: 24 1. That such business shall so be conducted that it will not 25 constitute or create a public or private nuisance. 26 2. That such business shall be so conducted as will not create 27 any noise or dust which will be objectionable to the owners and/or 28 occupants of land in the vicinity. 29 3. That in the event that any business is conducted upon said 30 real property contrary to the terms and conditions of this variance 31 and /or in violation of any ordinance of the City of Anaheim or law 32 of the State of California, or any lawful re^ulation of any agency 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 FRIIS SCHUTZ ATTIIIIICTS AT LAY 412-404 OAK Of AMEtlfA SLOG. ANAHEIM, CALIPORNIA TALLFHOU 3456 or officer thereof, then the City of Anaheim, through its City Counc may revoke this variance and all privileges and rights conferred by i this Resolution, which revocation, however, shall not be done, with- out a public hearing before said City Council at which hearing the owner of said real property may be present, be represented by legal counsel, and permitted to produce testimony and witnesses on his or her own behalf. Written notice of any such hearing shall be given by said City Council at least ten days before such hearing. For the purpose of giving such notice the owner of sai. real property shall be deemed to be the nerson whose name appears upon the Tax Collector books of said City as the owner thereof. Such notice may be served personally or by mail. If served by mail it shell be sent to the address of the owner as appears upon such Tax Collector's books or if none armears then to the address of said real Property itself. Service by mail shall be deemed complete one day after said notice has been deposited in the United States Post Office in Anaheim, California. The decision of said City Council rt such hearing shall be final and conclusive. Mir ATTEST: Clerk of the Ci Anaheim 2 Mayor of •the City. of Anaheim 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 ?RIIS ft SCHUTZ ATT9[RLTS AT LA! 482.401 BAUR OF AMU= 0.04 ANAHEIM, CALIFORNIA Truman 3456 STATE CF 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 an adjourned regular meeting of the City Council of the City of Anaheim, held on July 16, 1946, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Van Wagoner, Honey, Heying and Pace. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. And I further certify that the Mayor of the City of Ana— heim signed and approved said Resolution on the 16th day of July, 1946. IN WITNESS WHEF: :OF I have hereunto affixed the seal of said City of Anaheim this 16th day of July, 1946. erk of the of Anaheim :_z