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Minutes-ZA 2006/05/25 :7 ANAH E I M ZONING ADMINISTRATOR ACTION AGENDA THURSDAY, MAY 25, 2006 9:30 A. M . Council Chamber, .City Halt East 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: William Sell, Acting Zoning Administrator Mark Gordon, Deputy City Attorney David See, Senior Planner Kim .Wong,. Assistant Planner ~. Jessica Nixon,_Assistant Planner. Pat Chandler, Senior Secretary ~ ` AGENDA PASTING: A complete copy of the Zoning Administrator Agenda was posted, at 9:20 a.m. on May 19, 20,06. inside the display case located in fthe foyer of the Council Chambers, and also in the outside display~kiosk. ~~ PUBLISHED: Anaheim Bulletin Newspaper on Thursday, April 26, 2006 PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H: • MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA PUBLIC HEARINGS: 1a. CEQA CATEGORICAL EXEMPTION -CLASS 1: 1 b. VARIANCE N0.2006-04685: OWNER: Shawn E. Sullivan 994 S. Canyon Heights Drive Anaheim, CA 92808 LOCATION: 994 South Canyon Heights Drive: Property is approximately 0.12-acre, having a frontage of 31 feet on the east side of the southerly terminus of Canyon Heights Drive and a maximum depth of 102 feet. Waivers of (a) minimum rear yard setback and (b) maximum lot coverage to construct atwo-story addition to the rear of an existing single-family residence. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-09 Concurred with staff Approved, in part 15 day appeal period Project Planner: Qnixon®anaheim.net) SrVAR2006-04685.doC William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 1. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Shawn Sullivan, 994 S. Canyon Heights Drive, Anaheim, CA.., stated it was very unlikely there would ever be a building behind him because the downward slope property belonged to the association and it was adjacent to the 241 Freeway. Therefore, because he has a shallow lot and also the smallest plan in the neighborhood he would like to extend the house to bring it up to the middle size range in the neighborhood. He presented a petition from the neighbors in the general vicinity and a letter from his immediate neighbor encouraging the Zoning Administrator to approve the variance, as well as approval from the manager of the association who he stated is pleased with the design. Mr. Sell stated that he noticed one part of the issue is a pool in the back of the property which would not give him any room to move the proposed structure. Mr. Sullivan stated he would be willing to resize the room from his previous request of 16x13 feet. Mr. See stated as described in the staff report dated May 25, 2006, there are some structures closer than 15 feet in the neighborhood but prior to 2004 the requirement was 5 feet for one story structures and 10 feet for two story structures. However the new Zoning code is more restrictive and the setback requirement in the last two years increased 5 feet. Page 2 ACZA052506. DOC • MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA THE PUBLIC HEARING WAS CLOSED. Mr. Sell stated the concern of staff is that he would be consuming the entire back side of his house with the building structure. Mr. See stated it would be a 4 foot adjustment. Mr. Sefl referred to staff and asked if it would be consistent with the old code and consistent with other houses in the neighborhood. Mr. See responded that it would be consistent with the old code. Mr. Sell asked Mr. Sullivan if he could accommodate the 10 feet setback. Mr. Sullivan responded yes. Mr. Sell concurred with staff's recommendations and approved CEQA Categorical Exemption -Class 1 and Variance No. 2006-04685. He stated the decision would be written and signed no later than 7 days from the date of the meeting and the decision would be final after the appeal period expires 15 days following the date of the written decision. Page 3 ACZA052506.DOC • • MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1: 2b. VARIANCE N0.2006-04686: OWNER: Monte Greenspan 7341 E. Stone Creek Lane Anaheim, CA 92808 Concurred with staff Approved, in part 15 day appeal period LOCATION: 7341 East Stone Creek Lane: Property is approximately 0.48- acre, having a frontage of 120 feet on the east side of Stone Creek Lane, a maximum depth of 174 feet and is located 508 feet northwest of the centerline of Old Bridge Road. Waivers of (a) maximum structural height and (b) minimum side yard setback to construct atwo-story addition to the rear of an existing single-family residence. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-10 Project Planner: (kwong2 ~anaheim.net) SrVar2006-.04686kw.doc William Sell, Acting Zoning Administrator, opened the public hearing. David See, Senior Planner, introduced Item No. 2. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Monte Greenspan, 7341 E. Stone Creek Lane, Anaheim, CA, stated currently his house is 2,200 square feet and he is proposing to add onto the addition from the existing kitchen and also proposing 10 feet high vaulted ceilings, a height variance of 2'/z feet (27.5 feet), in order to keep the integrity of the inside of the house. Mr. Sell stated the height would not be an issue however the setback is a concern for both staff and him because most of the 2-story homes in that neighborhood have a huge 20 foot setback and the single story homes only have 10 feet, so obviously the purpose was to try to provide some buffer between the 2 story homes and the neighbors. Dave See stated the old code allowed a 10 foot setback and in May of 2004 that changed to increase to 15 feet so there potentially could be structures out there that are as close as 10 feet. The first story would actually be permitted by right because the City's nonconforming section of the code allows for the encroachment for one story but a two story would have to be set back 5 additional feet. THE PUBLIC HEARING WAS CLOSED. Mr. Sell asked Mr. Greenspan if he would be willing to put trees along the side to provide a buffer between the second story and his neighbor. Mr. Greenspan responded absolutely and his neighbor would want that as well. Page 4 ACZA052506. DOC • • MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA Mr. Sell concurred with staff's recommendations and approved CEG~A Categorical Exemption -Class 1 and Variance No. 2006-04686. He stated the decision would be written and signed no later than 7 days from the date of the meeting and the decision would be final after the appeal period expires 15 days following the date of the written decision. After the decision was announced, Mr. See stated staff would work with the applicant to ensure the appropriate tree is used which would provide a canopy and screening at the second level. Page 5 ACZA052506. DOC • MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA 3a. CEQA CATEGORICAL EXEMPTION -CLASS 1: 3b. CONDITIONAL USE PERMIT N0.2006-05088: OWNER: Shops At Stadium Towers, LP 1100 Newport Center Drive Suite 150 Newport Beach, CA 92660 AGENT: Art Rodriguez and Associates 709 E. Colorado Boulevard Suite 200 Pasadena, CA 91101 LOCATION: 2406 East Katella Avenue - Rubio's Mexican Grill: Property is approximately 2.4 acres, having a frontage of 600 feet on the south side of Avenue, a maximum depth of 480 feet and is located 37 feet east of the centerline of Howell Avenue. Request to permit the on-premises sale and consumption of beer and wine at a proposed restaurant with outdoor dining. ZONING ADMINISTRATOR RESOLUTION NO. ZA2006-11 Concurred with staff Approved with modifications made at today's meeting 15 day appeal period Project Planner: (kwong2 ~ anaheim.net) SrCU P2006-05088kw.doc William Sell, Acting Zoning Administrator, opened the public hearing. Kim Wong, Assistant Planner, introduced Item No. 3. THE PUBLIC HEARING WAS OPENED. Applicant's Testimony: Peter Impala, representing Art Rodriguez and Associates, 709 E. Colorado Boulevard, Suite 200, Pasadena, CA, stated he was present to answer any questions and they agreed with the conditions as set forth. THE PUBLIC HEARING WAS CLOSED. Mr. Sell stated he presumed there would be some type of fence installed where the outdoor seating would be. Mr. Impala responded that there is a minimum of 3 foot iron railing to enclose the patios with an emergency exit and the access being only through the restaurant area. Mr. Sell asked if the applicant would be willing to provide landscaping in order to soften the appearance of the iron railing along the patio. Page 6 ACZA052506. DOC • . MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA Mr. Impala responded his clients have complied as such in the past therefore he is sure it could be accommodated somehow. Mr. Sell concurred with staff's recommendations and approved CEQA Categorical Exemption -Class 1 and Conditional Use Permit No. 2006-05088. He stated the decision would be written and signed no later than 7 days from the date of the meeting and the decision would be final after the appeal period expires 15 days following the date of the written decision. Page 7 ACZA052506.DOC MAY 25, 2006 ZONING ADMINISTRATOR ACTION AGENDA 4a. CEQA CATEGORICAL EXEMPTION -CLASS 1 4b. VARIANCE N0.2006-04683 OWNER: Thilina L. Balasuriya 1569 W. Flippen Circle Anaheim, CA 92802 LOCATION: 1569 West Flippen Circle: Property is approximately 0.3-acre, having a frontage of 52 feet on the north side of Flippen Circle, a maximum depth of 112 feet and is located 196 feet west of the centerline of Flippen Drive. Waiver of maximum fence height to permit and retain an existing fence with concrete pilasters and wrought iron gate and panels within the required front yard setback of an existing single-family residence. Continued from the April 27 and May 11, 2006 Zoning Administrator meetings. ZONING ADMINISTRATOR RESOLUTION NO. This item was not discussed. Continued to June 8, 2006 15 day appeal period Project Planner: (dherrick ~ anaheim, net) Var2006-04683dh.doc 5. ITEMS OF PUBLIC INTEREST: None Page 8 ACZA052506. DOC