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1965-213RESOLUTION NO, 65R -213• A :RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO 1678 0 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for toning variance from WILLIAM J. MESSECAR, owner of certain real property Situated In the City of Anaheim, County of Orange, State of California, described as follows: Lot 3 of Tract No. 162, City of Anaheim, County of Orange, State of California, as per map recorded in Book 12, Page 6 of Miscellaneous Maps, in the Office of the County Recorder of said County; EXCEPT the Northerly 220 feet thereof; ALSO EXCEPT the most Easterly 88 feet thereof. AND WHEREAS, the City Planning Commission did hold -a public hearing at the City Ha l l in the City of Anaheim upon said petition on F ebr u ar y 15. 1 965 notice of which said public hearing w as dii y g ven as -required by law and the pro- visions of Title 18, Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, said City Planning Commission, after du* 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 1535 Series 19 64 -65 recommending that Variance No. 1678 be granted subiect to certain 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 16th day of March 19 65 at 7000 &clock P.M. in the City Hall n e y oT Anahim and notice of such public heating was duly given as required by law and the provisions of Title 18, Chapter 18076 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 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 genera.1 zoning plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that a condition: zoning variance be, and the same is hereby granted permitting a waiver of the one -story height limitation within 150 feet of R -A, Agricultural Zone property, on the property hereinbefore described, subject to the following conditions: 1. That trash storage areas shall be provided in accordance with approved plans on file in the Office of the Director of Public Works and Superintendent of Streets, prior to final building inspection. 2. That fire hydrants shall be installed as required and determined to be necessary by the Chief of the Fire Department, said fire hydrants to be installed prior to final building inspection. 3. That the owner of subject property shall pay to the City of Anaheim the sum of $25.00 per dwelling unit, to be used for park and recrea- tion purposes, said amount to be paid at the time the building permit is issued. 4. That subject property shall be developed sub- stantially in accordance with plans and speci- fications on file with the City of Anaheim, marked Exhibits Nos. 1, 2, 3 and 4, Revision No. 1. 5. That all air conditioning facilities shall be properly shielded from view from abutting streets, prior to final building inspection. 6. That this variance is granted subject to the completion of Reclassification Proceedings No. 64 -65 -71 now pending. 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. 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 19 65 ATTEST: (SEAL) 16th day of March 6 ITY` LERK OF THE CITY OF ANAHEIM MAYOR or CITY 0P 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 introduced and adopted at a meeting provided by law, of the City Council of the City of Anaheim, held on the 16th day of :March 19 65 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 on the 16th day of March 19 65 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 16th day of March 19 65 CITY CLERK OF THE CITY OF ANAHEIM -3-