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64-922A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO, 1660 WHEREAS, the City Y1anni«s Commission of the City of Anaheim did receive a petition for zoning variance from RHEA R. SPARLING and CONSTANCE R. DEWEY, owners of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows That portion of Vineyard Lot E -6 of Anaheim, in the City of Anaheim, county of Orange, state of California, as per map recorded in book 4, pages 629 and 630, Deeds, records of Los Angeles County, California, described as follows: Beginning at the intersection of the northwesterly line of Broadway Street (80.00 feet wide) and the southwesterly line of the land conveyed to C. Silbernagel by deed recorded February 3, 1906, in book 124, page 109, Deeds of said Orange County; thence northwesterly 158.44 along said south- westerly line to the southwesterly line of the 14.00 foot alley conveyed to the City of Anaheim, by deed recorded June 15, 1920, in book 363, page 52, Deeds of said Orange County; thence northeasterly 50.00 feet along last said southwesterly line; thence southeasterly 158.44 feet paral- lel with said southwesterly line of Silbernagel to said northwesterly line of Broadway; thence southwesterly 50.00 feet along said northwesterly line to the point of begin- ning; EXCEPT the portion thereof, if any, which is not included within the land described as Parcel 7 in the deed to Rhea A. Sparling et al., recorded January 20, 1958, in book 4169, page 448, Official Records of said Orange County; ALSO EXCEPT the portion thereof, if any, which is included within the land described in the deed to Myrl Crum recorded January 26, 1954, in book 2657, page 73, Official Records of said Orange County. AND WHEREAS, the City Planning Commission d public hearing at the City Hall in the City of Anahe petition on ;2 8, 19649 notice of which hearing was duly given as required by law and the pr Title 18, Chapter 18.76 of the Anaheim Municipal Cod WHEREAS, said C i on, investigation and after due cons at said hearing, d RESOLUTION NO. 64R 922 ty Planning Commission, of and studies made by itself ideration of all evidence id adopt Resolution No. 1 inspects behalf, offered 1964 -65 subject to the conditions therein set forth recommending that Variance No. 1660 be granted, �1 id hold a im upon said said public ovis ions of e; and ter due and in its and reports 349 Series and -2- 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 4th day of November, 1964, at 7:00 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 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 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 minimum site area and minimum side yard setback area requirements on the property hereinabove described, subject to the following conditions: 1. That the curbs shall be repaired and the damaged and /or hazardous sidewalks shall be removed and /or reconstructed along Broadway, as required by the City Engineer and in accordance with standard plans and specifications on file in the Office of the City Engineer, prior to final building inspection. 2. That trash storage areas shall be provided in accord- ance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 3. That this variance is granted subject to the comple- tion of Reclassification Proceedings No. 64 -65 -36 now pending. 4. 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." 5. That all air conditioning facilities shall be properly shielded from view from abutting streets, prior to final building inspection. 6. That a 6 -foot masonry wall, or other type of fence acceptable to the property owners to the east or west of subject property, shall be constructed along the east and west property lines, unless, prior to the issuance of a building permit, letters of agreement are filed by the property owners on either side agreeing to a ,different type fence or to no fence. 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 Muni- cipal Code unless otherwise specified herein. THE FOREGOING RESOLUTION is approved and signed by me this 15th day of December, 1964. ATTEST: DENE M. WILL4AMS, CITY CLERK BY C -Ya. yh- �ai yL. DEPUTY CITY CLERK OF THE CITY OF ANAHEIM MAYOR OF TH ITY OF AN IM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 64R -922 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 15th day of December, 1964, by the following vote of the members thereof: -AYES: COUNCILMEN: Pebley, Dutton, Schutte, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 64R -922 on the 15th day of December, 1964. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 15th day of December, 1964. DENE M. WILLIAMS, CITY CLERK BY CZ-6o- yh .BEPU TY CITY CLERK OF THE CITY OF ANAHEIM