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ZA 1987-11~~ DECISION OF THE ZONING ADMINISTRATOR - ZA 87-11 PETITION NO.: VARIANCE N0. 3672 EIR STATUS: CATEGORICAL EXEMPTION CLASSES 3 AND 5 OPPOSITION: No. of people attending public hearing 2; Correspondence 0. OWNERS: DONALD D. BARTELLI AND FROUWINA H. E. BARTELLI, 1147 W. Vermont Avenue, Anaheim, CA 92807 LOCATION: 1147 West Vermont Avenue REQUEST: Waiver of (a) permitted encroachment into required side yard and (b) maximum fence height to retain a wooden roof extension an a fiberglass fence extension. Continued from the Zoning Administrator meeting of July 16, 1987 in order to be readvertised with the correct hearing time. Having been appointed Zoning Administrator by the Director of Community Development, pursuant to Anaheim Municipal Code Section 18.12.060, to decide the above-ref erenced petition and a public hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to .other identically zoned properties in the vicinity; and 2. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vic inity. 3. To grant waiver (a), in part, to permit an eave extension of 2 feet into the minimum 5-foot sideyard (instead of 4 feet, 6 inches as originally proposed); and to grant waiver. (b) as requested. ENVIRONMENTAL IMPACT ANALYSIS: The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3 & 5, as defined in the State EIR Guidelines and is, theref ore, categorically exempt from the requirement to prepare an EIR. 0006T ZA87-11 •~ Page 2 Variance No. 3672 •~ Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 3672, in part, subject to the following conditions: L That plans for the roof extension, as approved, and fence extension shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building and Fire Codes as adopted by the City of Anaheim. The appropriate permits shall be obtained for any necessary work including the modified eave extension, as approved herein. 2. That subject property shall be developed substantially in accordance. with plans and specifications on file with the City of Anaheim marked Exhibit Nos, l and 2; provided, however, that the eave encroachment shall be reduced to two (2) feet and shall be located no closer than three (3) feet to the side property line. 3. That Condition Nos. 1 and 2, above-mentioned, shall be completed within a period of thirty (30) days from the date of this decision. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City .regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance,. regulation or requirement. This decision is made, signed, and entered into the file this 4th day of August, 1987. J Gf y1jJ. Annika M. Santal~a~h(ti Zoning Administrator NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within 15 days of the date of the signing of this decision or unless a member of the City Council shall request to review this decision within said 15 days. DECLARATION OF SERVICE BY MAIL: I do hereby declare under penalty of perjury that on the date set forth below, I did deposit, in the US Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. DATED: August 4, 1987 ~~ ~ ~/fjj~j~ Pamela H. Starnes Planning Commission Secretary, Pro Tempore -2- ZA87-11