Resolution-ZA 1989-12f
PETITION:
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-12
VARIANCE N0. 3915 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF .PUBLIC HEARING: March 9, 1989
OPPOSITION: That no one indicated their presence in .opposition at the public
hearing and that no correspondence in opposition was received.
OWNER: PENNY L. BECK, 3161 Westhaven Drive, Anaheim, CA 92804
LOCATION: 3161 Westhaven Drive
REQUEST: Petitioner proposes waiver of the following under authority of
Code Sections 18.12.060.070 and 18.12.060.010 to construct a
234 sq.ft. room addition to an existing single family residence:
SECTION 18.27.062.020 Maximum lot coverage.
(35~ permitted; ~ proposed)
SECTION 18.27.062.021 - Maximum number of bedrooms.
(3 bedrooms permitted on 5000 sq.ft.
lot; 4 bedrooms.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 waiver (A) is minimal .consisting of a maximum lot coverage which is
.only 2~ greater than .permitted by Code;
2. That waiver (B) is granted because the underlying RS-5000 zoning was
adopted in 1971 when the development standards permitted 4-bedroom houses
on 5000 sq.ft. lots and that there are other .similar lots in the area
:which are developed with residences having 4-bedrooms;
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.
CALIFORNIA'ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning.-Administrator
has reviewed the proposal for waivers of maximum. site coverage and maximum
number of bedrooms to expand. an existing single -family residence on a
rectangularly-shaped parcel of and consisting of _approximately 5,000 sq.ft.
on the north side of Westhaven Drive, having a frontage of approximately
203g ZA 89-12
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Page 2
Variance No. 3915
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50 feet and a maximum depth of approximately 100 feet, and further described
as 3161 Westhaven Drive; 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 cEIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3915, subject to the following conditions:
1. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, the
appropriate traffic signal. assessment fee shall be paid to the City of
Anaheim in an amount as established by City Council resolution.
2. That subject_property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked of
Exhibit Nos. 1, 2 and 3.
3. That prior to final building and zoning inspections, Condition
No. 2, above-mentioned, shall be complied with..
4. That approval of tl
:.request only to .the
Zoning Code and any
include any action
.request regarding
requirement.
its application constitutes approval of the proposed
extent that it complies with the Anaheim. Municipal
other applicable City regulations. Approval does not
or findings as -to compliance or approval of the
any; other .applicable ordinance,,, regulation or
This decision is'made, signed, and entered into the file-this. sixteenth day of
March, 1989.
Annika M. Santala i
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 davs 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 he 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 : `' e~ X71 ~(~, ~ ~ 4 ' % -
203g
Pamela H. Starnes, Executive Secretary
ZA 89-12