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1965-476RESOLUTION NO. 65R -476 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1702. WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from M. R. INVESTMENT COMPANY, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lot 1 of Helen and Lynch's Subdivision, in the city of Anaheim, County of Orange, State of Cali- fornia, as shown on a map recorded in book 442 page 158 of Deeds, records of Los Angeles County, California, described as follows: Beginning at the intersection of the northeasterly line of the 80.00 foot strip of land described in Parcel 1 of the deed to the State of California recorded September 23, 1935, in book 780 page 108 of Official Records, with the East line of said Lot 1; thence North 47 39' 06" West along the northeasterly line of said 80.00 foot strip to a point, distant 90.67 feet, South 47 39' 06" East from the intersection of the northeasterly line of said 80.00 foot strip with a line parallel with and 30.00 feet southerly measured at right angles from the North line of section 16, Township 4 South, Range 10 West; thence northeasterly along a tangent curve concave easterly, having a radius of 30.00 feet through an angle of 136 56' a distance of 71.70 feet to the point of tangency of said curve with a line which is parallel with and distant 10.00 feet southerly measured at right angles from the southerly line of Lincoln Avenue, 60.00 feet wide; thence tangent North 89 16' 54" East 196.89 feet along said mentioned parallel line to the East line of said Lot 1; thence South 0 17' 50" East 253.36 feet along the East line of said Lot 1 to the point of beginning. EXCEPT that Portion thereof lying southeasterly of a line extending from a point on the southwesterly line there- of South 47 39' 06" East 150.00 feet from the northwest- erly terminus of that certain course cited above as "North 47 39' 06" West" to a point in the northerly line thereof, North 89 16' 54" East 150.00 feet from the westerly ter- minus of that certain course cited above as "North 89 16' 54" East 196.89 feet." AND WHEREAS, the City Planning Commission did hold a public hearing at the City Hall in the City of Anaheim upon said petition on May 10, 1965, 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. 1616 Series 1964 -65, recommending that Variance No. 1702 be denied; and -1- WHEREAS, thereafter, within twenty two (22) 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 June 22, 1965, at 7:00 o'clock 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, 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 adver- sely affect the comprehensive general zoning plan. 5. That the petitioner has conformed with the policy of the City Council by obtaining waivers from the adjacent property owner on the required 60 -foot distance from the property line and 300 -foot distance between signs. 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 distance from the property line of an abutting parcel of property (Section 18.62.090-B-(5)), and a waiver of the minimum distance between a roof sign and a free standing sign (Section 18.62.090 -D) to permit the erection of a free standing sign on the property hereinbefore described, subject to the following conditions: 1. That this variance is granted subject to the granting of Conditional Use Permit No. 491. 2. That adequate clearance of the existing electrical lines shall be provided as required by the Elec- trical Division of the Utilities Department, prior to final building inspection. 3. That subject property shall be developed substan- tially in accordance with plans and specifications on file with the City of Anaheim, marked Exhibits Nos. 1, 2 and 3. -2- BE IT FURTHER RESOLVED that the request of the petitioner for a waiver of the maximum height limitation of a free standing sign to be erected on the property hereinbefore described, be and the same is hereby denied. 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 approved and signed by me this 22nd day of June, 1965. ATTEST: (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM OR OF THE CITY 0 AHEIM -3- I, DENS M. WILLIAMS, CITY CLE RIB DO HEREBY CERTIFY THAT THE FJF IS f OR, If d AL OF RESOLUTION NOL^' 4 DULY PASSED AN �,JC.ICI� F THE CI OF ANAHEIM AD, D BY THE ANAHEIM CITY COUNCIL ON 6: C 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 22nd day of June, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Dutton, Pebley, Schutte, Chandler and Krein 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 22nd day of June, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 22nd day of June, 1965. CITY CLERK aX OF Tat TY OF EIM