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69R-433 IiliSOLUT ION NO. .MB.::il3 A RESOLUTION OF TUB CITY COUNCIL OF THE CITY OFA.NAHElf'.l GRANTING VARIlJJCE NO. 2082 WHEREAS, the City Planning Commiss~on of the City of Anaheim did receive a petiticn for: zoning variance from-12ETZ CORP- OR~~TON, rORONA DET. MAR, OWNER: SHELDON POLLACK CORP.~ LOS AN~S, :Jf certaln real property S1 t.uated in the City of Anahelm, County AGENT of Orange, State of California, described as follows: Lots 48 to 55 inclusive of Tract No. 1591, as shown on a Map recorded in book 54, pages 36 to 39 inclusive of Miscellaneous Maps, records of Orange County, California. EXCEPT the North 56.58 feet of said Lot 55. ALSO EXCEPT all minerals, oil, gas, asphaltum, and other hydro- carbon substances in and under said land, as granted to Virginia M. Berrigan, by deed recorded January 15, 1954, in Book 2652, page 61, Official Records, which deed provides as follows: "with no right of entry upon said real property except below a depth of 500 feet". fu~D WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on ___~ .-.5~. 1969 .' notice of which said public hearing was duly g1ven 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 lnspection, investigation and studies made by itself and in its behalf, and after due consideration of all evid~nce and reports offered at said hearing, did adopt Resolution No. PC69-94 <_ denying____.___ Variance No" 2082 and -..-----..-- -,_.--- --~.._...- .,- -"--", .~_.- ''<-~-~--'_.~ .,---.--,--.-. WHEREAS, thereafter, within twenty-two (22) days from the date uf the adoption of said resolution, a written appeal was filed with the City Cour:cil of the City of Anaheim protesting the action of the City P Lanni ng Commission denying said variance, and said aFpeal. was set for public hearing on July 22 T 9 ~._, dt 1: 30 ')! clock P rv1. at the Ci ty Hall in the City of PJ1aheirn! a:'1d n:Jti;;(,~.f sw-;h. public hearing was duly given as required DY2J.itJ and the provisions of Title 18, Chapter 18.76 of tne Anal-elm I'.m:ncl.pa 1 Code; and -1-- \mEREl\S, after due invest1.gat lon Clnd studies made }y/ 1. t sc 1 f and l.n .1 t s behalf, and after due consH1eratlon of all the cV1.dence and reports offered at sald hearing, the City CouncIl ~oes find and determIne that: 1. There are exceptlonal or extraorclnary Clrcum- stances or condit1.ons applicable to the property lnvolved or to the intended use of the property that do not apply generally to the property or class of use in the same viclnity and zone, 2. That such a varlance 1S necessary for the preser- vatIon and enjoyment of a substantIal property r1.ght possessed by other property In the same viclnlty and zone and denied to the property In question. 3. That the grantlng of such variance will not be materially detrimental to the public welfare or inJurious to the property or l.mprovements l.n 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, Nm-;r, THEREFORE, BE IT RESOLVED by the City Counc :<.1 CJ f the CIty of Anahelm that a conditional zoning variance be, and the same .lS hereby granted to permit the establishment of a 6-story office building with waivers of the following Anaheim Municipal Code requirements, subject to the conditions herein- after set forth: 1. Sec_1;.ion _~. 40 ..070 (3-a) - Maximum building height. (34 feet permitted: 82 feet proposed) . 2. Section 18 ._~~.91.QJ 4-a-l-al. - Minimum number of required ~arking stalls. (249 park- 1ng stalls required: 191 stalls proposed). That said variance is granted subject to the following conditions: 1. That the sidewalk shall be repaired along Westmont Drive, as required by the City Engineer, and in accordance with standard plans and specifications on file in the Office of the City Engineer. 2. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 3. That trash storage areas shall be provided in accord- ance with approved plans on file with the Office of the Director of Public Works. 4. That any air-conditioning facilities proposed shall be properly shielded from view and the sound shall be buffered from adjacent residential homes. 5. That any parking-area lighting shall be lighted with down-lighting, a maximum 6-feet in height, and shall be directed away from the property lines to protect the residential integrity of the area. -2- 6. That Conditions Nos. 1, 2, 3, 4 and 5, above mentioned shall be complied with prior to final building and zoning inspections. 7. That this variance is granted subject to the comple- tion of Reclassification No. 68-69-100. 8. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibit No.1, Revi- sion No.1, and Exhibits Nos. 2, 3 and 4. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, 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 FOREGOING RESOLUTION is approved and signed by me this 22nd _ day of _J-,~lY._____, 1969. (tJ~ OF ANAHEIM - ATTEST~ ~eLE:?r6F ~TY ~A!lEIM '''-'-'_"_''''O~''.''__''~'''~,^~''';'''''_''''''''.''''''_."".~".<<,,",''.',...........~"_._,, STATE OF CALIFORNIA ) OOUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-433 was intro- duced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 22nd day of JUly, 1969, by the following vote of the members thereof: AYES: OOUNCILMEN : Dutton Krein, Schutte and Pebley NOES : OOUNCILMEN : None ABSENT: OOUNCILMEN : Clark AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R-433 on the 22nd day of July, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 22nd day of July, 1969. ~ ~'1 ~-c- < -""!a.J - I /....,,-a....."S~L--"'wl.~ crr CLERK OF TIlE CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R-433 duly passed and adopted by the Anaheim City Council on July 22, 1969. ~~ N. ~;_.___ - - - City Clerk