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1962-0031RESOLUTION NO. 62R -31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1422. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from ALLAN L. CAMPBELL, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: The North 70.00 feet of the South 140.00 feet of the East 390.82 feet of that portion of Section 18, in Township 4 South, Range 10 West, in the Rancho Los Coyotes, city of Anaheim, as said section is shown on a map thereof recorded in book 51, page 10, Mis- cellaneous Maps, records of said Orange County, described as follows: Beginning at a point on the East line of said Section 18, North 50.00 chains from the Southeast corner of said section; thence Nest 8.77 chains; thence North 11.41 chains; thence East 8.77 chains; thence South 11.41 chains 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 November 27, 1961, 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. 153, Series 1961 -62, recommending that Variance No. 1422 be denied; an d WHEREAS, thereafter, within twenty -two (a2) days from the date of the adoption of said resolution, a written appeal was filed with the City Council of the City of Anaheim protesting the action of the City Planning Commission denying said variance, and said appeal was set for public hearing on December 26, 1961, at 7:00 otclock P.M. at 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, the City Council did on December 26, 1961, hold said public hearing and give all persons interested therein an opportunity to be heard, and did receive evidence and reports and did consider the recommendation of the City Planning Com- mission; and WHEREAS, after due consideration of said evidence and reports offered at said hearing, the City Council did refer said variance back to the City Planning Commission for review and consideration of additional plans and evidence presented by the petitioner, and did continue said hearing on Variance No. 1422 to January 16, 1962; and WHEREAS, the City Planning Commission did on Janu- ary 8, 1962 adopt Resolution No. 203 Series 1961 -62 recom- mending that, based on new evidence presented, Variance No. 1422 be granted subject to certain conditions set forth in said resolution; and WHEREAS, the City Council does find 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 preserva- tion 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 ad- versely 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 operation of a "Hofbrau" style restaurant on the property hereinabove described, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans marked "Exhibits 1, 2 and 3," on file with the City of Anaheim. 2. That elevation plans for the front of the building to be constructed on subject property shall be sub- mitted to the City Council for review and approval. 3. That sidewalks shall be installed as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer. 4. That the owner of subject property shall pay to the City of Anaheim the sum of $2.00 per front foot, along Brookhurst Street, for street lighting purposes. 5. That Conditions Nos. 3 and 4 above mentioned shall be complied with within a period of 180 days from date hereof, or such further time as the City Council may grant. 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. -2- 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 16th day of January, 1962. CI L O E I 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 was passed and adopted at a regular meeting of the City Council held on the 16th day of January, 1962, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CE{TIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 16th day of January, 1962. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 16th day of January, 1962. CLE• OF THE CI OF ANAHEIM