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1968-266RESOLUTION NO. 68R 266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1965 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Alan R. Talt and Marjorie J. Talt, owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: A portion of land of the West Half of the West Half of the Northeast Quarter of the Northwest Quarter of Section 24, being a part of Lot 41 in Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, County of Orange, State of California, as per map recorded in Book 2, Pages 256 and 257 of Patents in the Office of the County Recorder of Los Angeles County, California. Said land more particularly described as follows: Beginning at a point on the Northwest corner of the Northeast Quarter of the Northwest Quarter of said Section 24 as said point is shown on a map of a record of Survey recorded in Book 81, Page 16, records of Orange County, California. Thence along the north line of said Section 24 South 89 55' 36" East 330.05 feet to a point on the northeast corner of the West Half of the West Half of the Northwest Quarter of the North- west Quarter of said Section 24, thence along the east line of the West Half of the West Half of the Northwest Quarter of the Northwest Quarter of said Section 24 South 0° 13' 21" East 670.50 feet to a point; thence parallel to the north line of said Section 24 North 89° 55' 36" West 329.99 feet to a point on the west line of the Northeast Quarter of the Northwest Quarter of said Section 24, thence along the said west line North 0° 13' 40" West 670.50 feet to the point of beginning. Containing: 5.079 acres more or less. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on April 8, 1968 notice of which said public hearing was duly given as required by law and the provisions of Title 18, Chapter 18.76 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. PC68 109 recommending that Variance No 1965 be granted, in part, subject to certain conditions therein set forth and -1- WHEREAS, thereafter, within twenty -two (22) days from the date of the adoption of said resolution, the City Council did elect, upon its own motion, to review the action taken by the City Planning Commission in granting said variance and did set a public hearing thereon'to be held on the 7th day of May 1968 at 1:30 o'clock P.M. in 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 Title 18, Chapter 18.76 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 does find and determine that: 1. There are exceptional or extraordinary circum- stances 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. 2. That such a variance is necessary for the preser- vation 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 injurious 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 permitting the establishment of a 112 -unit multiple family residential development on the property hereinbefore described, with a waiver of the maximum height limitation of any building located within 150 feet of any R -A or any single family residential zone (Section 18.26.050(5 -b) of the Anaheim Municipal Code), subject to the following conditions: 1. That this variance is granted subject to the completion of Reclassification Proceedings No. 67 -68 -70 now pending. 2. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3; PROVIDED, HOWEVER, that the plans shall be amended to conform to Area Development Plan No. 94. 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 specified herein. -2- BE IT FURTHER RESOLVED that the request for waivers of the following Anaheim Municipal Code requirements: (a) Yard and building setback requirements (Section 18.28.050(6 -b -2) and Section 18.28.050(6- b -3)), and on the property hereinbefore described, be, and the same is hereby denied. THE FOREGOING RESOLUTION is approved and signed by me this 21st day of May, 1968. ATTEST: C Y CLERK OF THE CITY OF ANAHEIM AL OF RESOLUTION NO. 68R 266 DULY H.,, u STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, 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 held on the 21st day of May, 1968, by the following vote of the members thereof: AYES: COUNCILMEN: Schutte, Clark and Pebley NOES: COUNCILMEN: Dutton and Krein ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 21st day of May, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 21st day of May, 1968. (b) Minimum distances between buildings (Section 18.28.050(7)) MAYOR OF T CITY OF IM -e ;V C Y CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHE DO HEREBY CERTIFY THAT THE FOREGOING IS THE ADUP U BY THE ANAHEIM „ITY COUNCIL ON 5 CITY CLErrK