ZA 1987-29• •
.DECISION OF THE ZONING ADMINISTRATOR - ZA 87-29
PETITION NO.: VARIANCE N0. 3724 EIR STATUS: CATEGORICAL EXEMPTION
.CLASS 5
DATE OF PUBLIC HEARING: November 5, 1987
OPPOSITION: No. of people attending public hearing 2; Correspondence 0
OWNERSz PATRICK L. MEREDITH, ET AL, 215 S. .Emerald Street, Anaheim, CA
92804
LOCATION: 215 South Emerald. Street
REQUEST: Waiver of minimum rear yard setback to retain a patio enclosure
and patio cover.
.Having-been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim Municipal Code-Section 18.12.060, to decide
the above-referenced petition-and a public hearing having been duly noticed
for and held on the-date ,set forth above, I do hereby find, that:
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 vicinity.
3. That the request is minimal.
4. That the issue of a 5=foot wide-.public easement along the`west property
line shall be xesolved (either-abandoned, particallyabandoned or an
encroachment permit issued) to permit the 18" roof .overhang .into the
easement area or said roof overhang shall be'removed.'-
5. That the room addition or patio enclosure shall be permitted, but the
connection to the block wall shall be removed, and the roof overhang
projecting away from the addition shall be no closer to the property line
than 18 inches.
6. It was noted the Planning Director :or his authorized representative has
determined that the proposed project falls within the definition of
Categorical Exemptions, Class 5, as defined in the State Environmental...
Impact Report Guidelines and is, therefore, categorically exempt from the
requirement to prepare an EIR.
Based on the evidence and testimony presented to me,-'I do hereby determine to
approve, in part, Variance No. 3724, permitting the patio enclosure and cover
with .the roof. overhang .being no closer than 4 feet, 4 inches to the west
property line, and subject to the following conditions:
0092T
•
Page 2
Variance No. 3724
1. That plans shall be submitted to the Building Division showing
compliance with the minimum standards of the City of Anaheim,
including the Uniform Building, Plumbing, Electrical, Housing,
Mechanical and Fire Codes as adopted by the City of Anaheim. The
appropriate permits shall be obtained for. any necessary work.
2. That prior to issuance of a building permit or within a period of
ninety (90) days from the date of this decision, the property owner
-shall resolve the issue of a portion of the roof overhang extending
into an existing 5-foot wide public utility easement along the west
property line. Said resolution may consist of full or partial
abandonment, an encroachment permit, or removal of the encroachment,
as approved by the-City of Anaheim.
3. That subject property shall be developed substantially in accordance
with plans and specifications on file with the City of Anaheim
marked Exhibit Nos. land 2; provided, however, that the existing
"roof" connection between the subject room and the block wall on the
west property line shall be removed and the remaining roof overhang
shall extend no closer than four feet, four inches (4'-4") to said
west property line.
4. That Condition Nos.. 1, and 2, above-mentioned, shall be completed
within a period of ninety (90) days from the date of this decision.
5. 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 10th day of
November, 1987. ,,~~~~~~ ~j,, ~
- Annika M. Santalahti
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 Gity Council shall request to review this decision within said
15 days.
DECLARATION OF .SERVICE 8Y 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''toythe Citpy Clerk.
DATED:. ~.f~'7J~-~~zt~ ~(~ , ~~~'7 ~d~~C-~.. of .. ,_~ ~~ ~
0092T 2 ZA 87-29