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Mr. Caldwell stated applicant has failed to show exceptional circumstances, <br />that variance is not a requirement for preservation of substantial right, <br />that it would be injurious to other property owners with 40 units on 1.97 <br />acres. <br /> <br />The Planning Director noted original plans have been reduced to 50~ land <br />coverage. Mr. Caldwell asked for continuance until final plans approved. <br /> <br />Warren Proctor, 115 W. 15th Street, agent for variance applicant, objected <br />to a contin~,~nce inasmuch as Planning Commission approval was subject to <br />submission of a revised plot plan approved by the Planning Director which <br />calls for 50%laud coverage. Thomas Russell, t23~2Adele, Oarden Grove, <br />applican$ noted property is now a nuisance and needs to be developed. <br /> <br />There being no further testimony, the Mayor closed the hearing. 0n motion of <br />Counc4~m~ Harvey, seconded by Counci~ma~ Gilmore and carried, the Council <br />upheld the decision of the Planning Commission and instructed the City <br />Attorney to prepare a resolution approving Variance 1836. Councilman Hubbard <br />res~m~ed his place at the Council table. <br /> <br />~w~RING - APPEAL iO~ Councilman Hubbard asked that he be dis- <br />KO~ROSKY qualified from discussion and action in <br /> the following matter because of a conflict <br /> of interest, and left the Council Chamber. <br />Mayor Hall opened the hearing on Appeal Application 104 filed by Julie <br />~mmrosky (for the Vuicich family) from the P3-n~tng C~ission's approval of <br />Variance 1837 (Bailie & Brooks) +~ construct a 56 unit, 1~ buildf-g, 2 story <br />apartment complex on A 1 property located at 3922 and 3930 W. 5th Street. <br />The Clerk reported that notice of the hearingwas given bythe Planning Depart- <br />merit with evidence on file, and that no written commmmications or objections <br />had been received. <br /> <br />Norman Caldwell, 2020 N. Broadway, attorney representing appellants~ protested <br />that number of units proposed is not in confo~,~_nce with R 4 regulations, and <br />two stories is attempt to make an R 3 development of the property. <br /> <br />Warren Proctor, 115 W. 15th Street, attorney representing the applicaut~ <br />stated arguments would be same as for Appeal 103. Mrs. Cecilia Bailie, 3922 <br />W. 5th Street, applicant, spoke on behalf of herself and Alberta M. Brooks. <br />There being no further response to the Mayor's call for testimony, the hearing <br />was closed. <br /> <br />O~motion of Councilman G~mnre, seconded by Councilman Earvey and carried, <br />Council upheld the decision of the Planning Cc~mtssion and instructed the City <br />Attorney to prepare a resolution approving Variance 1837. Councilman Eubbard <br />re~ad his place at the Council table. <br /> <br />PETITION - TRASH 0u motion of Councilman Hubbard, seconded <br />TRANSFER by Counc~lm-- Gilmore and carried, Council <br /> received from Joseph Davis, 9355 Laurel <br /> Street, a petition with approximately 83 <br />family signatures which protested the presence of a trash transfer point in <br />Montgomery Park, and referred the matter to the staff for investigation and <br />report. <br /> <br />ORD. NS-691 ORDINANCE NS-691 AMENDING ARTICLE IX OF <br />A. A. ~60 TH~ SANTA ANA MUNICIPAL CODE TO CHANGE <br />ENGLISH DISTRICT CLASSIFICATION ON AMEN-~NT <br /> APPLICATION NO. 460 AND AMenDING SECTIONAL <br />DISTRICT MAP 11-5-10 (EXHIBIT AA ~60 C) was read by title. It was moved by <br /> <br />- e33 - <br /> <br />November 4, 1963 <br /> <br /> <br />