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63-0469WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from HEMLOCK TERRACE INC. owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows� PARCEL 1: Lot A of Tract No. 4030, as shown on a Map recorded in Book 150, pages 48 to 50 inclusive of Miscellaneous Maps, records of Orange County, California. PARCEL 2: That portion of the Southeast quarter of Section 13, Township 4 South, Range 10 West, in the Rancho San Juan Cajon de Santa Ana, as shown on a Map recorded in Book 51, page 10 of Miscellaneous Maps, records of Orange County, California, described as follows: Beginning at the Northwest corner of Lot 97 of Tract No. 4030, as shown on a Map recorded in Book 150, pages 48 to 50 inclusive of. Miscellaneous Maps, records of Orange County, California; thence North 0 11' 15" East 134.89 feet to an angle point in the boundary line of Tract No. 3706, as shown on a Map recorded in Book 139, pages 11 and 12 of Miscellaneous Maps, records of Orange County, California; thence South 86 21' 46 East 120.22 feet to the Northwest corner of Lot A of said Tract No. 4030; thence South 0 11' 15" West 127.37 feet to an angle point in the boundary line of said Tract No. 4030; thence North 89 56' 55" West 120.00 feet to the 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 February 4, 1963 notice of which said public hearing was duly given as required by law and the provi- sions of Title 18, Chapter 18076 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. 633, Series 19 62 -63 recommending that Variance No 1548 be denied RESOLUT ION NO 0 6 3R -4 A RESOLUTION OF THE CITY COUNC I. L OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1548 -1- 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 denying said variance and did set a public hearing thereon to be held on the 5th day of March 19 63 at 7 :00 o'clock P.M. in the City Ha in t e ity 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 circumstances 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 preservation 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 a waiver of the Anaheim Municipal Code minimum lot width requirement of 60 feet at the 15 -foot setback line for cul -de -sacs, on the property hereinbefore described, in accordance with Exhibit "A," dated May 28, 1963, on file with the City of Anaheim, and subject to the following conditions: 1. That a record of survey, splitting the property into two lots, in accordance with the lot split sketch prepared by C. J. Queyrel Surveyor, McDaniel Engineering Company, marked 'Exhibit A," and dated May 28, 1963, shall be recorded in the Office of the Orange County Recorder. 2. That deed restrictions, approved by the City Attorney, shall be placed of record in the Office of the Orange County Recorder, which restrictions shall include the following provisions: -2- ATT.ST: (a) All restrictions and covenants presently recorded in Book 5866, Page 139, Official Records of Orange County, California, affecting adjacent lots in Tract No. 4030, EXCEPT that the Architectural Committee of the City of Anaheim shall be substituted for the Architectural Committee named in said restrictions. (b) A provision that the lot owner or owners, present or future, shall be required to submit architectural drawings, including elevations of any buildings proposed for construction on either of the two lots, to the Architectural Review Committee of the City of Anaheim, and that the adjacent property owners shall be given an opportunity to express their opinions in regard to proposed plans. 3. That any buildings constructed upon the lots shall be placed at a point on the respective lot where said lot is a minimum of 60 feet in width. 4. That no driveway entrance from Hilda Street shall be less than five feet from the lot line of either of the two presently inhabited homes, at the Hilda Street property line. 5. That Variance No. 1548 is granted subject to the completion of Reclassification Proceedings No. 62 -63 -68 now pending. 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 signed and approved by me this 28th day of May, 1963. CI Y CLERK OF THE CITY OF ANAHEIM YOR 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. 63R -469 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 May, 1963, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Chandler, Sichutte, Krein and Coons NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 63R -469 on the 28th day of May, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim, this 28th day of May, 1963. (SEAL) i CI CLERK OF THE CITY OF ANAHEIM