Resolution-ZA 1988-42-~,.
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-42
PETITION:.. VARIANCE N0. 3817
DATE OF PUBLIC HEARING: July 14, 1988
CEQA STATUS: CATEGORICAL EXEMPTION
CLASS-1
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received.
OWNER:
AGENT:
DORIS E. MYERS, 135 West Valencia Avenue, Anaheim, CA 92805
JERRY D. WHITE,. 3611 Country Club Drive, Lakewood, CA 90712
LOCATION: 135 West Valencia Avenue
REQUEST: _ Petitioner requests waiver of the following under authority of
Code Sections 18.12.050.050 and 18.12.060.070 to construct a 197
sq.ft. living room addition:
(a) SECTIONS 18.27.062.030 = Minimum dwelling floor area.
and 18.32.-020.010 (1,225 sq.ft. required;
' 1,096 sq.ft. proposed)
(b) SECTIONS 18.27.063.010 - Minimum front setback.
and 18.32.020.010 (10 feet required;
9.5 feet proposed)
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 hearinq.having been duly noticed for and held on the
date set forth above, T do hereby find:
1. That there are special circumstances applicable to the property
consisting of its existing small size (13~ smaller than specified by
current Code; standards) and shallow depth (30~s shallower than specified
by current Code standards) which do not apply. to other identically zoned
properties in the vicinity;
2. ..That the requested waiver (a) is minimal because the existing floor area
size is being increased by about 22'~ (from 899 to 1,096 sq.ft.) although
not to the, full Code standard (1,225 sq.ft.) and that the deviance from
Code is only 11~ smaller than required;
3. That the requested waiver (b) is minimal amounting to only 5~ less than
required by Code; and
4. That strict application of ahe Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
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Page 2
Variance No. 3817
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of (a) minimum dwelling floor area and
(b) minimum front setback to construct a 197 square-foot living room addition
on a rectangularly-shaped parcel of land consisting of aproximately 0.10 acre,
having a frontage of approximately 62 feet on the north side of Valencia
Avenue, having a maximum depth of approximately 70 feet, being located
approximately 150 feet east of the centerline of Lemon Street and further
described as 135 West Valencia Avenue; and that the Planning Director or his
authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 1, as defined in the
State EIR 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 Variance No. 3817, subject to the following conditions:
1. That a fee shall be paid to the City of Anaheim for tree planting along
Magnolia Avenue in an amount as determined by City Council resolution.
2. That a fee shall be paid to the City of Anaheim for street lighting along
Magnolia Avenue in an amount as determined by City Council resolution.
3. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1, 2 and 3.
4. That prior to issuance of a building permit, or within a period of one
year from the date of this decision; whichever occurs first, Condition
Nos. 1 and 2, above-mentioned, shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
5. That prior to final building and zoning inspections, Condition No. 3,
above-mentioned, shall be complied with.
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.
This decision is made, signed, and entered into the file this twenty-first day
of July, 1988. Q
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Annika M. Santalahti
Zoning Administrator
2 ZA 88-42
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Page 3
Variance No. 3817
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
members 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 United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED: 2 ~ d ~ ~ ~/.
Pamela H. Starnes, Executive Secretary
0075g
3 ZA 88-42