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69R-008RESOLUTION NO. 69R -8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2035 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Angel Lerma Maler and Alma Clara Maler, owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: That portion of the West half of the Southeast Quarter of the South- west quarter of Section 7, Township 4 South, Range 10 West, of the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California, as shown on a map recorded in Book 51, page 10 of Mis- cellaneous Maps, records of said County described as follows: Beginning at the Southwest corner of said Southeast Quarter of South- west Quarter; thence along the Westerly line thereof, North 0° 23' 29" West 370.02 feet to the Southerly line of the land of the Anaheim Union High School District as per Condemnation Proceedings recorded in Book 5493, page 515 of Official Records of said county; thence thereon parallel with the South line of said section, North 88° 58' East 519.08 feet; thence South 0° 39' 57" East 370.00 feet to the point in said South line of Section 7, said point being North 88° 58' East and distant 520.66 feet from the point of beginning; thence along said South line of Section 7 South 88° 58' West 520.85 feet to the point of beginning. PARCEL 2: That portion of the West half of the Southeast Quarter of the South- west Quarter of Section 7, Township 4 South, Range 10 West, of the Rancho Los Coyotes, in the City of Anaheim, County of Orange, State of California as shown on a map recorded in Book 51 page 10, of Mis- cellaneous Maps, records of said county described as follows: Beginning at the Southwest corner of said Southeast Quarter of South- west Quarter; thence along the Westerly line thereof, North 0° 23' 29" West 370.02 feet to the Southerly line of the land of the Anaheim Union High School District as per Condemnation Proceedings recorded in Book 5493 Page 515 of Official Records of said county; thence thereon parallel with the South line of said Section North 88° 58' East 299.05 feet to the true point of beginning; thence at right angles North 01° 02' West 75.00 feet; thence parallel with said Southerly line of Section 7 North 88° 58' East 100 feet; thence at right angles South 01° 02' East 75.00 feet; thence South 88° 58' West 100 feet to the true point of beginning. 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 2, 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 -354 recommending that Variance No 2035 be gr i .#ed, subject 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 7th 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 109 unit 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: (a) Maximum height of any building located within 150 feet of any R -A or any single family resi- dential zone (Section 18.28.050[5 -b]); (b) Location of accessory buildings abutting a side property line (Section 18.28.050[6 -c]); (c) Minimum distances between buildings (Section 18.28.050[7-a)); and (d) Maximum distance of every living unit from a standard street (Section 18.28.050[9 -b]). That this variance is granted subject to the following conditions: 1. That this variance is granted subject to the com- pletion of Reclassification Proceedings No. 68 -69 -52 now pending. ATTEST: 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, 3, and 4. The City Council hereby reserves the right to revoke such variance permit for good cause or failure of said owners, their 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 7th day of January, 1969. CI Y CLERK OF THE CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY 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 -8 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 7th day of January, 1969, by the following vote of the members thereof: AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 69R -8 on the 7th day of January, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of An im this 7th day of January, 1969. EAL AYES: COUNCILMEN: Dutton, Schutte, Clark and Peb19y NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein )1( CITY 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 -8 duly passed and adopted by the Anahp. City Council on January 7, 1969. City Clerk