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64-054RESOLUTION NOo 6~R-54 A RE~)LUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NOo WHEREAS~ the City Plan~ing Co.alas ion of the City of Anaheim did r~c~tVe a petition for zonin9 variance from EVERETT H. MILLER, owner ~f ~n~e~ State of C~ltfornia, described ~s follOwsl That portion of the southwest quarter of the southwest quarter of Section 17, Township 4 South, Range 10 West, in the Rancho Los Coyotes, city of Anaheim, California, as shown on a map recorded in book 51, page 10 of Mi$celllaneous Maps, records of Orange County, described as follows: Beginning at a point on the west line of said Section 17, and on the center line of Brookhurst Street, said point being diStant North 0° 40' 06" East 913.17 feet along said west line from the ~southwest corner of said Section 17; thence from said point of beginning easterly at right angles 280.00 feet; thence southerly at right angles 232.00 feet; thence westerly at right angles 280.00 feet; thence northerly at right angles 232.00 feet along saidw~st line of said Section 17 to the point of beginning. EXCEPTING THEREFROM the westerly 60.00 feet and the northerly 32.00 feet thereof as being reserved for public street purposes. AND WHEREA$~ the City P!annin~ Commission did hold public heartn9 ~t the City Hall ~n the C~ty of Anaheim upon p~tttton on D c b r ~1~ . ~ not,ce of which ~aid public hear i~'wa~ ~ul~ yen a~-requf~ed by law ~d the pro= vi~ton~ of Ti%le 18, ChaPter 18 76 of the Anaheim Code ~ and WHEREAS~ ~aid City Planntn/] Commission, after in~pec%ion~ ~nvesti~ation and studte~ made by itself .and behalf; and aftzr due consideration of all evidence and offered ~t ~aid hear~n~ d~d adopt Re~olut{o~ Noo 1005 19~- ...... ~ reco~endin~ that Variance Noo ~~' be~ ~rante ' . ....... .......... ' ........ ...... ~~pnd~ons there~n set forth WHEREA$~ thereafter~ within twenty~two (22) day~ from the date of thc adoption of said re~olutton, the City Council did elect~ upon its own moti~n~ to review the action taken by the City Plannin{] Commim~ton in ~ ~aid v~ri~nce and did ~et a ~ubl~c h~arin9 thereon~~n the 28th day of ~ ~ 19~, at 7~00 o~clock PoM~ in the~ ~11 ~n %he Ci{~-~'~ah~ and notice of ~uch ~bl ic hearin~ d~ly ~i~en ~ required ~ l~w and the provi~ton~ of Title Chap%.r 18~76 of the ~~im ~ntctpal Code~ and WHEREAS~ after due tnYe~tiQation and studies made by itself and in it~ behalf, and after due consideration of all the evidence and report~ offered at said hcarin~ the City Council does find and determine that~ 1. There are exceptional or extraordinary circum- stances or conditions .~pplicable 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 preservation 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 suc~h 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 s~.me is hereby granted permitting a waiver of the structural height limitation of 2-1/2 stories or 35 feet, to permit the construction of a 3-story office building on the property hereinbefore described, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 2. That subject property shall be developed sub- stantially in accordance with plans and specifications on file with the City of Anaheim, marked "Exhibit No. 1," as amended herein; PROVIDED, HOWEVERs that a 10-foot setback from Brookhurst Street shall be maintained, and that the sign indicated shall not be considered as a part of this exhibit. 3. That a 10-foot strip of land, where adjacent to buildings, and a 3-foot strip of land, where adjacent to parking areas, shall be landscaped and said landscaping maintained along the Brookhurst Street and proposed Brookmore Avenue frontages~ as indicated on Exhibit No. 1 on file with the City; that plans for said land- scaping shall be submitted to and approved by the Superintendent of Parkway Maintenance; and that said landscaping shall be installed prior to final building inspection. 4. That tree wells shall be provided at approxi- mately 40-foot intervals in the Brookhurst Street and proposed Brookmore Avenue parkways abutting subject property; that plans for said -12- tree wells and the plantings therein shall be submitted to and approved by the Superin- tendent of Parkway Maintenance; and thatI~said tree wells shall ~e planted with trees prior to final building inspection. 5. That a 6-foot masonry wall shall be constructed along the east property line prior to final building inspection. 6. That all air conditioning facilities shall be properly shielded from view from abutting streets. 7. That this variance is granted subject to the completion of Reclassification Proceedings ~ No. 63-64-64 now pending. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, his 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 FOREGOING RESOLUTION is signed and approved by me this 28th day of January, 1964. YOR OF THE CITY OF' ANAHEIM ATTEST: C2TY~ CLERK OF THE CITY OF iNAHEIM -3- $IATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certi£y that the £oregoing Resolution No. 64R-54 was introduced and adopted at a regular meeting provided by law, of the City Gounoil of the City of Anaheim~ held on the 28th day of January, 1964, by the following vote of the members thereof: AYES: COUNCIIA~N: Dutton, Chandler, Schutte, Krein and Coons NOES: COUNCILKEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R-54 on the 28th day of January~ 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 28%h day of Januazy~ 1964. CItY CLERK OF THE CITY OF ANAHEIM (SEAL)