Resolution-ZA 1989-01DECISION OF THE ZONING ADMINISTRATOR - ZA 89-01
PETITION: VARIANCE N0. 3860 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARINGS: November 17, 1988, continued to December 15 and
December 29, 1988
OPPOSITION: .Four people indicated their presence in opposition at the
November 17, 1988, hearing with three people speaking in
opposition; one person spoke in opposition at the December 29,
1988, hearing; and one letter in. opposition to the proposal was
received.
OWNER: Tim and Bonnie S. Wusz, 7395 Hummingbird Circle, Anaheim, CA 92808
LOCATION:. 7395 Hummingbird. Circle
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.050 to construct a 600 square foot garage
addition to an existing single-family residence:
Section 18.23.063.020 - Minimum structural setback.
(10-foot sideyard required;
5 feet 5 inches 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 hearing having been duly noticed for and held on the
date set forth above, I do hereby find:
1. That approval, in part, to permit a 7.5-foot sideyard instead of the
proposed 5.5-foot sideyard is minimal because that deviance from Code is
only 25~ (2.5 feet) rather than the 50~ which was proposed;
2. That the visual impact of the approved sideyard waiver is minimal because
it pertains to a 1-story garage addition which is set back from a
property Sine shared with a neighboring lot having a grade level about 3
feet lower than subject property;
3. 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
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in .identical zoning classification
in the vicinity.
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ZA 89-01
Page 2
Variance No. 3860
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum structural setback to
construct a 600 square foot garage addition to an existing single-family
residence. on an irregularly-shaped parcel of land consisting of approximately
0.45 acre, having a frontage of approximately 110 feet on the south side of
Hummingbird Circle, having a maximum depth of approximately 183 feet, being
located 450 feet east of the centerline of Fairmont Boulevard, and further
described as 7395 Hummingbird Circle; and does hereby approve the Negative
Declaration upon finding that she has considered the Negative Declaration
together with any comments received during the public review process and
further finding on the basis of the initial study and any comments received
that there is no substantial evidence that the project will have a significant
effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3860, in part, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Revision
No. 1 of Exhibit No. 1; provided, however, that the minimum sideyard
.setback shall be no smaller than seven and one-half (7.5) feet.
2. That prior to final building and zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
3. 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 third day of
January, 1989.
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
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: January 3, 1989 /~~y~--
Pamela H. Starnes, Executive Secretary
0142g 2 ZA 89-01