Resolution-ZA 1988-66~. ,
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-66
PETITION: VARIANCE N0. 3871 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: November 17, 1988
SUPPORT; One letter in favor of the proposal was received.
OPPOSITION; Three-people indicated their presence in opposition and two of
them spoke.
OWNER: BETTE E. KEPPEL, 1142 North Lotus Street, Anaheim, CA 92801
LOCATION: 1142 North Lotus Street
REQUEST: Petitioner requests .waiver of the following, under authority of
Code Section 18.12.060.050 to retain a room addition on an
existing single family residence:
.SECTION 18.26.063.030 - Minimum rear ward setback.
(10 feet required; 5 feet existing)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to 'Anaheim Municipal Code. Section 18.12.040, to decide the above-referenced
peti ion and a public hearing.. having been duly noticed for and held on the
date set forth above, I do hereby find:
1. That the request is minimal because subject room addition has existed
since the late 1960's or early 1970'x, that there 'is an equal or greater
amount of outdoor°living space available elsewhere on the .lot to replace
the area covered by this addition, that the existing lot (6060 sq.ft.) is
about l6~ smaller than typical RS-7200 zoned lots (7200 sq.ft.), and that
other residential lots in this area have similar additions which encroach
.into shallower .rear yards;
2. 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
3. That. strict.. application of the Zoning ,Code deprives .the property of
..privileges enjoyed by other properties in identical zoning classification
in the. vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has. reviewed the proposal for waiver of minimum rear yard setback to retain a
room addition on an existing single-family residence on a rectangularly-shaped
parcel of land consisting of approximately 0.13- acre, having a frontage of
approximately 60 feet on the east side of Lotus street, having a maximum depth
of_approximately 101 feet, being located approximately 80 feet south of the
centerline of Falmouth Avenue, and further. described as 1142 .North Lotus
Street; and that 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, categorically exempt from the requirement to prepare an EIR.
w
Page 2
Variance No. 3871
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3871, subject to the following conditions:
1. That curbs and gutters shall be repaired along Lotus 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 petitioner shall contact the Electrical Utility Division concerning
any necessary building modifications, encroachment permits and/or other
actions which may be required to be corrected and/or completed in
connection with the utility lines which appear to overhang subject room
addition. Such corrections shall be made as required 'by the Electrical
Utility. Division.
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 and 2.
4. That a building permit shall be obtained for subject room addition.
5. -That:-prior to final. building .and zoning inspections, or within a period
of six (6) months .from the-date of this decision, .whichever occurs first,
.Condition Nos. 2, 3 and 4,.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-third day
of November; T988. ++//~
~9~. ' ~~-
Annika M. Santalahti
Zoning'Administrator
NOTICE: This $ecision 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 a s 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'applcant and did forward a copy to the City Clerk.
.DATED: November 23 ,' 1988 ,
Pamela H. Starnes, xecutive:Secretary
0147g 2 ZA 88-66