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69R-485 RESOLUTION NO. 6..9.R=~. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIH GRANTING VARIANCE NO. 2102 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Share- holders Capital Programs as agent for Albert F. Urbigkeit, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the North one-half of the Northwest quarter of Section 13, Township 4 South, Range 11 West in the Rancho Los Coyotes, as shown on a map recorded in Book 51, page 11 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at a point on the Northerly line of said Sec- tion 13, distant North 890 41' 15" East 1162.30 feet from the Northwest corner of said Section 13; thence North 890 41' 15" East 493.85 feet along said Northerly line to the Northeast corner of land described in a Deed to Albert F. Urbrigkeit and wife, recorded March 14, 1963 in Book 6466, page 754, Official Records; thence South 00 11' 45" East parallel with the Easterly line of the Northwest quarter of said Section 13 to the Southerly line of the North one- half of the Northwest quarter of said Section 13; thence South 890 37' 30" West along said Southerly line to a point distant thereon North 890 37' 30" East, 1162.58 feet from the intersection of said Southerly line with the Westerly line of said Section 13; thence North 00 10' 58" West to the point of beginning. Excepting therefrom the Northerly 66.00 feet. Also excepting therefrom that portion of said land lying southerly of the Northwesterly line and its Easterly continuation of that certain strip of land 75.00 feet in width, as described in Final Order of Condemnation to the Orange County Flood Control District, a certified copy of which was recorded January 25, 1961 in Book 5605, page 236, Official Records of said County. AND vlHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on July 14, 1969 , 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. PC69-157 ~nnrnvina Variance No. 2102. subiect to the conditions 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 approving said variance and did set a public hearing thereon to be held on the 19th day of Augpst , 19 69 , at 1:30 o'clock P.M. in the City Hall in tne 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 224-unit, two-story apartment complex on the property hereinbefore described with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the conditions hereinafter set forth: 1. Number of main buildings on a site, Section 18.28.020(1); 2. Distance of living units from a standard street, Section l8.28.050(9-b); 3. Maximum building height within 150 feet of a R-A zoning property, Section l8.28.050(5-b); 4. Minimum front setback, Section 18.04.090(b); and 5. Adequate access and circulation for fire and trash vehicles, Section 18.28.050(9-a). That this variance is granted subject to the following conditions: 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, 2 and 3; PROVIDED, HOWEVER, that a 10- foot easement for pedestrian access to the proposed parksite shall be provided along the westerly property line extending southerly from Baywood Avenue to the flood control channel; and FURTHER PROVIDED that revised plans reflect adequate access and circulation for fire and trash vehicles as stipulated by the petitioner. 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 approved and signed by me this 19th day of August, 1969. ATTEST: I, DENE M. WILLIAMS. CITY CLt.RK UF THE CITY OF ANAHEIM, DO HEREBY CERTIFY THAT THE FOREGOING IS THE ORIGIN. OF ANAHEIH AL OF RESOLUT!ON NO. 69R-485 DULY PASSED AND AD P ED BY THE ANAHE!M CITY COUNCIL ON 8-19-6Q STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SS. ) I DENE M. WILLI&~S, 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 19th day of August, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte and Clark NOES: COUNCILi\1EN : None ABSENT: COUNCILMEN: Pebley AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 19th day of August, 1969, IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 19th day of Auqust, .