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69R-006RESOLUTION NO. 69R -6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 2030 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from Dwayne C. Prescott and Mr. and Mrs. Gene L. Felling owners of certain real property situated in the City of Ana County of Orange, State of California, described as follows: PARCEL A The North 120.00 feet of the South 554.00 feet of the West half of the West half of the North- east quarter of the Southwest quarter of Section 28, Township 4 South, Range 10 West, in the Rancho Las Bolsas, City of Anaheim, as per map recorded in Book 51, page 10 of Miscellaneous Maps, in the office of the Orange County Recorder. PARCEL B The North 112.50 feet of the South 434 feet of the South half of the West half of the West half of the Northeast quarter of the Southwest quarter of Section 28, Township 4 South, Range 10 West, S .B.B. M. AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on er 2, 1968 notice of which said public hearing was uygven as required by law and the provisions of Title 18, Chapter 18.76 of the Anaheim Municipal Cods; and WHEREAS, said City Planning Commission, after duo 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 recommending that Variance No. 2030 be granted in part, subject to 1-hp rnn (9itinnq therein get 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 ar nt3'nq said variance and did set a public hearing thereon to be held on the 7th day of a1uary 19_15.1_, at 1 :30 o'clock P.M. in the City Hal in the City of Anaaieim 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 an apartment complex on the property hereinbefore described, with waivers of the following Anaheim Municipal Code limitations, subject to the conditions hereinafter set forth: (a) A waiver of the minimum landscaped building setback from a local street (Section 18.28.050[6 a 4]); and (b) A waiver of the maximum number of main buildings per building site (Section 18.32.020[1]). 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 -51 now pending. 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. BE IT FURTHER RESOLVED that the request for a zoning variance permitting a waiver of maximum height of any building located within 150 feet of any R A or any single family residen- tial zone be, and the same is hereby denied. THE FOREGOING RESOLUTION is approved and signed by me this 7th day of January, 1969. ATTEST: 2 4 3' CLERK OF THE CITY OF ANAHEIM (SEAL) 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 was passed and adopted at a regular meeting of the City Council held on the 7th day of January, 1969, by the following vote of the members there- of: AYES: COUNCILMEN: Dutton, Schutte, Clark, Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Krein AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 7th day of January, 1969. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 7th day of Janu- ary, 1969. C I C LE�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 -6 duly passed and adopted by the Anaheim City Council on January 7, 1969.