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69R-382 HESOLlJ'J'ION NO.. 69R-382 --- ...------- A RESOLUTION OF nfL CI'I'Y COUNCIL OF THE CITY OFA1~AHEIH GRAN'l'Il~G VARIAl'iCE NO. 2086 \'I7HERl..:AS, the City Planning Commission of the city of Anaheim did receive a petition for zoning variance from_____ _.Big Boy EuclidL-.In..~~9wne~ __________ _ of certain real property situated in 'the City of Anaheim, County of Orange, State of CaJifornia, described as follows: A leasehold estate created by ground lease recorded October 27, 1964, in Book 7277, page 117, Official Records, by and between Arthur E. Hemmerling and Hulda M. Hemmerling, as lessors and Lincoln Plaza Development Company, a partnership, as lessee, also by a ground lease recorded November 5, 1964 in Book 7290, page 425, Official Records by and between Emma Meger, as lessor and Lincoln Plaza Development Company, a partnership, as lessee, insofar as it relates to the following described real property: The North 376 feet of the East 308 feet of the North- east quarter of Section 17, Township 4 South, Range 10 West, partly in the Rancho San Juan Cajon de Santa Ana and partly in the Rancho Los Coyotes in the City of Anaheim, as shown on a map thereof recorded in Book 51, page 10 of Miscellaneous Maps, records of said Orange County. EXCEPTING THEREFROM the North 216 feet of the East 203 feet thereof. ALSO EXCEPTING FROM the remainder thereof, the most Northerly 66 feet. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said peti tion on ,_M~19 L.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 hHEREAS, said City Planning Corrunission, 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 hear1.ng, did adopt Resolution No. PC69-l05 ~pnying Variance No. 208~ -~-"---"--"'-- -.--,-<-.--.---..---.-.--- .-. .-.---.-- 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 denying said variance and did set a public hearing thereon to be held on the 1st day of .Tnl , 19 69 , 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 Mun~cipal Code; and WHEREAS, after due investigation and studies made by ~tself and in its behalf, and after due consideration of all the evidence and reports offered at said hearing, the City Council does find and determ~ne 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. NOl\1, 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 an existing statue as a free-standing sign in conjunction with an existing restaurant, with waivers of the following Anaheim Municipal Code requirements or limitations: 1. Number of free standing signs permitted, Section l8.62.090(B-l) 2. Location of free standing signs, Section lS.62.090(B-l) 3. Minimum height of a free standing sign, Section l8.62.090(B-2). That this variance is granted subject to the following condition: That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1 and 2. -2- ~"'""'-""""-C'.'''"'''''''''''''''~_''''__''-'-~"__.~._ The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owner, its 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 1st day of July, 1969. ATTEST: L / ~.~~ CI - Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF ANAHEIM ) ) SS. ) 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 1st day of July, 1969, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Krein, Schutte, Pebley and Clark NOES: COUNCILJ.VlEN: None ABSENT: COUNCILJ.'1.EN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 1st day of July, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 1st day of JUly, 1969. ~ I .);r.~ CI Y CLERK OF THE 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-382 duly passed and adopted by the Anaheim City Council on July 1, 1969. ~ )( }~ , . It/~L'~ Ci ty Clerk -3- '-......,..,.....--~,~.~