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69R-057RESOLUTION NO. 69R -57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2039 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Richard W. Henning, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of the Northwest quarter of the Southwest quarter of Section 7, Township 4 South, Range 9 West, in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, State of California, as per map recorded in book 51, page 10 of Miscel- laneous Maps in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the center line of Anaheim -Olive Road as described in the deed recorded May 17, 1915 in Book 275, page 85 of Deeds, with the Westerly line of said Section 7; thence along said center line South 78° 55' 30" East 434.76 feet to the true point of beginning; thence continuing along said centerline South 78° 55' 30" East 246.03 feet to the Westerly line of the land described in the deed to the State of California recorded November 5, 1948 in book 1725, page 422 of Offieial Records; thence North 11° 04' 55" East 69.80 feet to the Northwest corner of said land of the State of California; thence along the Northerly line of said land of the State of California South 78° 54' 38" East 649.96 feet to the Easterly line of the Northwest quarter of the Southwest quarter of said Section 7; thence along said Easterly line North 0° 09' 50" East 754.64 feet to the Northerly line of the South half of the South half of the North half of the Northwest quarter of the Southwest quarter of said Section 7; thence along said Northerly line South 89° 49' 50" West 1319.93 feet to said Westerly line of said Section 7; thence Southerly along said Westerly line to a line parallel with and distant Southerly 30.00 feet from said last mentioned Northerly line; thence along said parallel line North 89° 49' 50" East 427.12 feet to a line parallel with said Westerly line of said Section 7 and which passes through the true point of beginning;;thence Southerly along said parallel line 587.88 feet to the true point of beginning. EXCEPT the Easterly 535.00 feet, measured at right angles of said land. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on December 30, 1968 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. PC68 380 recommending that Variance No. 2039 be granted, subiect to the conditions therein set forth and 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 granting said variance and did set a public hearing thereon to be held on the 28th day of January 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 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 125 -unit, one and two story apartment complex, on the property hereinbefore described, with waivers of the following Anaheim Municipal Code requirements or limitations, subject to the condi- tions hereinafter set forth: (a) Maximum height of any building located within 150 feet of R -A zoned property (Section 18.28.050[5 -b]); (b) Minimum front yard setback (Section 18.28.050[6- a -1]); (c) Minimum building setback from property line (Section 18.28.050[6- b -2]); (d) Minimum distance between buildings (Section 18.28.050 (7-a)); (e) Maximum distance of every living unit from a standard street (Section 18.28.050[9 -b]); and (f) Maximum distance between parking spaces and dwelling units (Section 18.28.050[10 -b]). That said variance is granted subject to the following conditions: 7. That Conditions Nos. 2, 3, 4, 5 and 6, above mentioned, shall be complied with prior to final building and zoning inspections. 8. 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 adequate access shall be provided to the westerly units for firemen and their equipment 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 28th day of January, 1969. ATTEST 1. That this variance is granted subject to the com- pletion of Reclassification Proceedings Nos. 68 -69 -59 now pending. 2. 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. 3. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department. 4. That a 6 -foot masonry wall shall be constructed along the east, west and north property lines. 5. That all shielded adjacent 6. That the lighting lighting lines to area. air conditioning facilities shall be properly from view, and the sound buffered from residential homes. parking areas shall be lighted with down of a maximum height of six (6) feet, which shall be directed away from the property protect the residential integrity of the CITY CLERK OF THE CITY OF ANAHEIM YOR OF THE CITY 0. AHEIM STATE OF CALIFORNIA COUNTY OF ORANGE )$S. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 69R-57 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 28th day of January, 1969, by the fol- lowing vote of the members thereof: AYES: COUNCILMEN: Krein, Schutte and Pebley NOES: COUNCILMEN: Clark TEMPORARILY ABSENT: COUNCILMEN: Dutton ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -57 on the 28th day of January, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of January, 1969. ITY CLERK OF THE CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 69R -57 duly passed and adopted by the Anaheim City Council on January 28, 1969.