1977-230RESOLUTION 4O 77R- 230
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM GRANTING VARIANCE NO. 2913.
WHEREAS, after a request for variance by
CAL AMERICAN INCOME PROPERTY, et al., owners;
G. D. GARDNER ASSOCIATES, agent, was received a public
hearing before the Planning Commission of the City of
Anaheim was held upon due and proper notice as a result of
which Variance No. 2913 was denied, covering the following
described property:
That portion of the north half of the southwest
quarter of Section 12, Township 4 south, Range 10
west, in the Rancho San Juan Cajon de Santa Ana,
in the City of Anaheim, County of Orange, State of
California, as said Section is shown on a map filed
in Book 51, Page 10 of Miscellaneous Maps, records
of said Orange County, described as follows:
Beginning at the intersection of the west line of
said southwest quarter with the centerline of
Lincoln Avenue, formerly Anaheim -Olive Road; thence
south 70 52' 30" east 102.50 feet along said center-
line, to the northwest corner of the land described
in Parcel 1 of the deed to Daniel J. Allec and wife,
recorded :larch 17, 1960, in Book 5151, Page 361,
Official Records of said Orange County; thence south
0 24' 15" west 134.05 feet along the west line of
said land, to the southwest corner of said land,
thence south 73 52' 30" east along the southerly
line of said land to a line that is parallel with
and distant 150.00 feet easterly from the west line
of said southwest quarter of Section 12, said point
of intersection being an angle point in the boundary
of the land described in the lease and agreement of
sale between Milton Joseph Seigel, et al., and Forest
Lawn Cemetery Association recorded flay 3, 1967 in
Book 3242, Page 533, Official Records; thence along
the northerly line of said land to the northeast
corner of same; thence north 0 11' 45" east 126.92
feet along the northerly prolongation of the east
line of said land, to the centerline of said Lincoln
Avenue; thence along said centerline south 73 52'
30" east 1410.46 feet to the northeast corner of the
land described in Parcel 1 of the deed to Porest Lawn
Cemetery Association recorded December 30, 1960 in
Book 5570, Page 213, Official Records; thence souther
ly 1001.34 feet along the east line of said land to
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the southeast corner of said land, said corner being
in the south line of the northeast quarter of said
southwest quarter; thence westerly 316.00 feet along
said south line to the southwest corner of said
northeast quarter, being also the southwest corner
of said Parcel 1; thence northerly 331.72 feet along
the west line of said northeast quarter, to the
southeast corner of the north half of the southeast
quarter of the northwest quarter of the southwest
quarter of said Section 12; being also the southeast
corner of the land described in the deed to Forest
Lawn Cemetery Association, recorded January 14, 1959,
in Book 4547, Page 442, Official Records; thence
along the south line of said land south 89° 52' 48"
west 660.31 feet to an angle point in said line; thence
along said south line and its westerly prolongation,
south 89 52' 51" west 660.81 feet to the west line
of the southwest quarter of said Section 12; thence
north 0 11' 45" east 993.61 feet along said west
line, to the point of beginning.
EXCEPT that portion shown as Parcel 4 on a map filed
in Book 10, Page 38 of Parcel Maps records of said
Orange County.
WHEREAS, thereafter, within the time prescribed by
law an interested party or the City Council on its own motion
caused the review of said Planning Commission action at a
public hearing noticed and held as prescribed by law and as a
result thereof the City Council does hereby make the following
findings:
1. That there are special circumstances applicable to
the property, including size, shape, topography,
location or surroundings, which do not apply to
other property under identical zoning classifica-
tion in the vicinity.
2. That, because of special circumstances shown in
(1) above, strict application of the zoning code
deprives the property of privileges enjoyed by
other property under identical zoning classifica-
tion in the vicinity.
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, permitting the estab-
lishment of an automotive and boat repair facility on the
property hereinbefore described with a waiver of the follow-
ing section of the Anaheim iiunicipal Code:
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SECTION 13.44.020 Permitted uses. (Auto
and boat repair not permitted)
That said variance be granted, subject to the following
conditions:
1. That trash storage areas shall be provided in
accordance with approved plans on file with the Office of
the Director of Public Works.
2. That subject property shall be developed
substantially in accordance with plans and specifications on
file with the City of Anaheim marked Exhibits Nos. 1 through 5.
3. That Conditions Nos. 1 and 2, above- mentioned,
shall be complied with prior to final building and zoning
inspections.
4. That said business activity shall close and
be terminated not later than 6:00 P.M. daily.
5. That metal or plastic slats shall be installed
and interwoven throughout the chain -link fence.
BE IT FURTHER RESOLVED that the City Council hereby
reserves the right to revoke 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 speci-
fied herein.
THE FOREGOING RESOLUTIOti is approved and signed by me
this 5th day of April, 1977.
ATTEST:
CITY LERK OF THE TY OF ANAHEIM
JLtii: jh
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STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Resolution No. 77R -230 was introduced and adopted at a regular
meeting provided by law, of the City Council of the City of Anaheim held on
the 5th day of April, 1977, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Seymour, Kott, Roth and Thom
NOES: COUNCIL MEMBERS: Kaywood
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and
signed said Resolution No. 77R -230 on the 5th day of April,1_977.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
City of Anaheim this 5th day df April, 1977.
(SEAL)
CITY CL RK OF THE CITY OF ANAHEIM
I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No. 77R -230 duly passed and adopted
by the Anaheim City Council on April 5, 1977.