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1976-709RESOLUTION NO. 76R-709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2848. WHEREAS, after a request for variance by Exxon Company, U.S.A., owner, was received, a public hearing before the Planning Commission of the City of Anaheim was held upon due and proper notice, a result of which Variance No. 2848 was denied covering the following described property: That portion of the Southeast quarter of Section 8, Township 4 South, Range 10 West, S.B.B. & M. described as follows: Beginning at the intersection of the Southerly line of the land described in the deed to M. F. Schueller and wife, recorded April 6, 1968 in book 7892, page 458 of Official Records, with the Easterly line of said Section; thence South 00 15' 30" East along said Easterly line 45.08 feet to the Northeasterly corner of the land described in the deed to the State o California, recorded April 26, 1955 in book 3438, page 498 of Official Records; thence along the boundary lines of the land described in said deed, the following bearings and distances: North 890 31' 10" West 33.98 feet, Southwesterly along a curve concave Easterly and having a radius of 210 feet, an arc distance of 82.55 feet, South 01 15' 30" East 4.35 feet, South 45° 06' 39" West 28.10 feet and North 890 31' 10" West along said boundary line and along the boundary line of the land deso- cribed in the deed to the State of California, recorded April 26, 1956 in book 3487, page 448 of Official Records, a distance of 151.37 feet to the Westerly line of the land described in deed to Edwin E. Heacock and wife, recorded November 14, 1966 in book 8102, page 451 of Official Records; thence North 00 15' 30" West along said Westerly line of 150.00 feet to the Southerly line of said land of Schueller; thence South 890 32' 22" East along said Southerly line 221.37 feet to the point of beginning. 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- 0 S 1. That there are special property including size, shape, ings which do not apply to other classification in the vicinity. circumstances applicable to the topography, location or surround - property under identical zoning 2. That because of special circumstances shown in Paragraph 1 above, strict application of the zoning code deprives the prop- erty of privileges enjoyed by other property under identical zoning classification in the vicinity. NOWT 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 a flower shop on the property hereinbefore described with waivers of the following sections of the Anaheim Municipal Code: SECTION 18.04.043.040 SECTION 18.04.045.014 SECTION 18.45.020 Permitted encroachments into required yards. (30 inches permitted; 35 feet proposed) Minimum structural setback. (35 feet required; 7 feet proposed) Permitted uses. (Outdoor flower shop 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. In the event that subject property is to be divided for the purpose of sale, lease or financing, a parcel map to record the approved division of subject property shall be submitted to and approved by the City of Anaheim and then be recorded in the Office of the Orange County Recorder. 3. That all signing on subject property shall be in accord- ance with Code standards. 4. That petitioner shall submit a letter to the Planning Commission requesting termination of Variance No. 2458. 5. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 and 3; provided, however, that there shall be no driveways nor other vehicular access to Euclid Street, as stipulated to by the petitioner. -2- 6. That Condition N complied with prior to the under this resolution, or mit is issued, or within whichever occurs first, or may grant. os. 2 and 4, commencement prior to the a period of on such further above-mentioned, shall be of the activity authorized time that the building Per- e year from date hereof, time as the City Council 7. That Condition Nos. 1, 3 and 6, above-mentioned, shall be complied with prior to final building and zoning inspections. BE IT FURTHER RESOLVED that the City Council hereby re- serves the right to revoke such variance permit for good cause or failure of the owners of said properties, 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 FOREGOITvG RESOLUTION is approved and signed by me this 9th day of November, 1976. MA)(OBAOF =1 E CITY OF AN HEUR ATTEST: CITY CLERK OF THE CITY OF ANAHEIM FAL, JR: fm -3- 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. 76R-709 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim held on the 9th day of November, 1976, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kott, Roth and Thom NOES: COUNCIL MEMBERS: Kaywood and Seymour ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 76R-709 on the 9th day of November, 1976.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 9th day of November, 1976. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 76R-709 duly passed and adopted by the Anaheim City Council on November 9, 1976.. CITY CLERK lio