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1965-806RESOLUTION NO. 65R -806 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING VARIANCE NO. 1735 WHEREAS, the City Planning Commission of the City of Anaheim did receive a petition for zoning variance from HOMER D. WILBURN, owner of certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows: That portion of Lot 5 in Block 17 of a subdivision of the south half of Section 21, Township 4 South, Range 10 West, of the San Bernardino Meridian, in the City of Anaheim, as per map recorded in Book 1, Page 33 of Miscellaneous Record Maps, in the Office of the County Recorder of said County, described as follows: Beginning at the intersection of the Westerly line of said Lot 5 with the Westerly prolongation of the Southerly line of Lot 18 of Tract No. 2177, as per Map re- corded in Book 59, Pages 36 and 37 of Miscellaneous Maps, in the Office of the County Recorder of said County; thence South 89 33' 43" East 255.01 feet along said Westerly prolonga- tion and said Southerly line and its Easterly prolongation to the true point of beginning; thence South 89 33' 43 East 106.14 feet to the Northwesterly corner of Lot 24 of said Tract No. 2177; thence South 0 51' 53" West along the Westerly line of said Lot 24 and its Southerly prolongation, 361.99 feet to the Southerly line of said Lot 5; thence North 89 41' 50" West 106.51 feet along said Southerly line to a line parallel with and Easterly 255.00 feet from the Westerly line of said Lot 5; thence North 0 55' 00" East 362.26 feet along said parallel line to the true 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 September 27, 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. 1782 Series 19 65 -66 recommending that Variance No. 1735 be denied and 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 November 2 19 65 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 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 maximum height limitation of a free standing sign within a 300 -foot radius of a residential structure, on the property hereinbefore described, subject to the following conditions: 1. That adequate clearance of existing electrical lines shall be provided, as required by the Electrical Division of the Utilities Department of the City of Anaheim and the State of California G.O. 95. ATTEST: 2. 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. 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 approved and signed by me this 2nd day of November 19 65 CI CLERK OF THE CITY OF ANAHEIM MAYOR OF THE CI OF ANAHEIM -2- 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. 65R -806 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 2nd day of November, 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 No. 65R -806 on the 2nd day of November, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed, the official seal of the City ©f Anaheim this 2nd day Of November, 1965- (SEAL) CITY CLERK OF THE CITY OF ANAHEIM I, DENS M. WILLIAMS City Clerk of the of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 65R -806 duly passed and adopted by the Anaheim City Council on November 2, 1965. CITY CLERK