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64-102 RESOLUTION NO. 64R-102 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1605. WHEREAS, the City Council did on November 19, 1963 adopt Kesolution No. 63R-917 denying nhe petition of Clifford J. LaBorde, Roy S. Kitahata and 'Kichard F. Kuehn for a variance permitting a waiver of the one-story height limitation and the side yard setback requirement on the oroperty described in said resolution and hereinafter described; and I.~EREAS, upon request of the petitioners, through their agent, Mr. John Ausilio, for reconsideration of the matter, and upon receipt of information and evidence to the effect that the denial of said variance will impose undue hardship in the development of said property~ the City Council Jid direct the City Clerk to schedule a public hearing on February tl, 1964, in the Council Chamber in the City Hall, lin 5he City of Anaheim~ to reconsider said zoning variance; t~ZHER~kS., no~Cice of said public hearing to reconsider said variance having been duly given, the City Council did, at abe time and place fixed therefor, duly hold and conduct such hearing and did give all persons interested therein an opportu- nity to be heard and did receive evidence and reports; and WHE~...!i~.~ after due investigation and studies made by iaself and in its behaif~ and after due consideration of all ~.~e evidence and reports offered at said hearing, nh~. C]..ty Council does find and determine that' !. There are excep'cional or ex-Craordinary circumstances 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 preservatJ.on 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 ~o 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. -1- NOW, THEi<EFOkE, 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 waiver of the one-story height limitation and th~ side yard setback requirement, to permit the construction cf a 35-unit apartment building~ with carports, on the following described~property situated in the City of Anaheim, County of Orange, State of California, to wit: The North 211.41 feet of the East 271.2 feet measured from '~he center line of Palm Street, of Lot 6 of Orchard Park Tract, in the City of Anaheim, as shown on a map thereof recorded in book 6, page 48, Miscellaneous ~aps, records of said Orange County. AND BE IT FURTHER RESOLVED that said zoning variance is granted subject to the following conditions: 1. That sidewalks shall be constructed along Harbor Boulevard as required by the City Engineer and ' ~i in accordance with standard plans and spec~r - cations on file in the Office of the City Engineer, prior to final building inspection. 2. That the owners of subject property shall pay to the CiKy of Anaheim the sum of $25.00 per dweilin.~ unit, to 5e used for park and recreation our,ooses, said amount to be paid at the time the building permit is issue~ 3. That 'trash storage areas shall be provided in accordance w~th approved ~lans on file in the Office of the Director of~Public Works and ,-, ° ~ f ~treets or'or to final building ~uper-~ntend~_nt o ~ ~. ~- inspection. 4. That th.~ owners of subject property shall dedicate to the o~_ny of Anaheim all vehicular access rights to Harbor Boulevard. 5. That the 30-foot opening between the garages on the sout'h property line and the main building sha~l be closed with a solid wa~l architecturally compatible with 'the balance of the architecture. 6. That final plans for 'the development of subject property shall be submitted to and approved by the City Council prior to the issuance of a building permit. 7. Tha~ this variance is granted subject to the ~ec ~assification Proceedings completion of '~ ~ ~ No. 63-64-44 now pending. 8. That Condition No. 4 above-mentioned shall be complied with within a period of 180 days from date ne eof or such further time as the City Council may grant. -2- The City Council hezeby 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 P~anicipal Code unless otherwise specified herein. BE IT FURTHER RESOLVED that Resolution No. 63R-917 be, and the same is hereby rescinded. THE FOREGOING [~ESOLUTION is approved and signed by me this llth day of ~eo uary 1964. A rtlrrll~ ~-~:~ST' DENE M. ~ILLIAgS, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANG~, ) 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 itth day of February, 1964, by the following vote of the members thereof: AYES' COUNCIL~'~N: Dutton, Chandler, Schutte, Krein and Coons. Nm~ e. COUNCILMEN · None ABS?.NT COUNC IL~fEN · None. AND IF F~ITHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the llth day of February, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of February, 1964. (SgAL) DENE M. WILLIAMS CITY c'LE'KK "OF THE CITY 'O':F ANAHEIM Deputy City Clerk -3-