Resolution-ZA 1988-01:._r
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-01
PETITION NO.: VARIANCE N0. 3712 CEQA STATUS: Categorical Exemption -
Class 5
DATES OF PUBLIC HEARING: January 28, 1988, continued from the meetings of
November 5 and December 17, 1987. .
OPPOSITION: 2 people spoke at the January 28, 1988, public hearing; 6 people
spoke at the November 5, 1987, public hearing; and a petition containing 28
signatures was submitted at the November 5, 1987 public hearing.
OWNER: GARY RICHARD JOHNSON, 268 Flower Street, Costa Mesa, CA 92627
LOCATION: 2200 South Loara Street
REQUEST: Petitioner requests waiver of the following to retain a trash
enclosure in a required front yard setback:
SECTIONS 18.12.060.050 & 18.34.063.012 Minimum Structural Setback..
(15 feet required: none existing)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code Section 18.12.040, 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, in that the existing
on-site building layout does not permit on-site circulation for trash
collection and that the subject trash enclosure can be designed and
relocated in a safe. and attractive manner which does not adversely affect
nearby dwellings; 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 and that relocating the trash enclosure to a minimum
setback of 7 feet from the sidewalk and a minimum 3 feet-from the
driveway will eliminate the .existing unsafe and unattractive location.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the :proposal to retain a trash enclosure in the required front
- yard setback on a rectangularly shaped parcel of land consisting of
approximately 0.68 .acre, having a frontage of approximately 100 feet on the
east side of Loara Street, having a maximum depth of approximately 295 feet,
being located approximately 130 feet south of the centerline of Lorane Way and
further described as 2200 South Loara Street; and 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 EIR Guidelines and is, therefore,'cetegorically exempt from the
requirement to prepare an EIR.
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Page 2
Variance No. 3712
Based,on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3712, in part., allowing the trash enclosure in the front
setback but requiring it to be relocated further back from the street, and
subject to the following conditions:
1. That damaged and/or hazardous sidewalks shall be removed and/or
reconstructed along Loara Street. as required by the City Engineer and in
accordance with standard plans and specifications on file in the Office
of :the City Engineer.
2. That prior to issuance of a building permit the appropriate fees due for
primary, secondary and fire protection shall be paid to the Water Utility
Division by the owner/developer in accordance with Rules 15A and 20 of
the Water Utility Rates, Rules and Regulations.
3. 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, Mechanical and Fire Codes as adopted by
the City of Anaheim. The appropriate permits shall be obtained for any
necessary work.
4. That subject property .shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2; provided, however, that the trash enclosure shall be
removed and reconstructed closer to the apartment building with minimum
setbacks of seven {7) feet from the sidewalk along Loara Street and three
(3) feet from the northerly driveway (to prevent the .trash enclosure
doors from opening into said driveway). Furthermore, low growing
landscaping (such as low bushes) shall be planted in front of the trash
enclosure. The trash enclosure shall be constructed in accordance with
City standards unless .otherwise approved by the Sanitation and Street
Sweeping .Section of the Maintenance Department. The design, color and
materials shall be similar to the existing enclosure.
5. That Condition Nos. l through 4, above-mentioned, shall be completed
within a period of sixty (60) days from the date of this decision.
6. 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.
0658p 2 ZA 88-01
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Page 3
Variance No. 3712
This decision is made, signed, and entered into the file this fourth day of
February, 1988.
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
Clerx withia 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 : ~/~„_/_~~ ~ ~~
0658p 3 ZA 88-O1