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Resolution-ZA 1989-17`..~ bECISION OF THE ZONING ADMINISTRATOR.- ZA 89-17 PETITION: VARIANCE. NO. 3924 CEQA STATUS: CATEGORICAL EXEMPTION- CLASS 5 DATE OF PUBLIC HEARING: March 23, 1989 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. ':OWNER: BRINRLEY AND YVONNE HULIN 820 North Dickel Street, Anaheim, CA 92805 LOCATION: 820 North Dickel Street REQUEST: Petitioner requests waiver of the following to construct a 296 sq.ft..room addition: ,SECTION 18.12.060.050 - Minimum .side yard. setback. SECTION '18.26.063.020 (5 feet required; foot 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 the proposal is a continuation of the existing garage side yard and, further, that- the proposal is reasonable because the subject lot size and width are about 30~ smaller ....than required by the underlying RS-7200 zoning which-makes it difficult to maintain standard wetbacks; 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 .because other. lots in the area are developed with dwellings having side yards which are shallower than permitted by Code.. CALIFORNIA ENVIRONMENTAL. QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waiver''of minimum side yard setback to construct a 296'sq.ft. room addition on 'a rectangularly-shaped parcel of land-consisting of approximately 5,338 square feet, having a frontage of approximately 48 feet on the east .side of Dickel Street, having a maximum depth of approximately 109 feet, being located approximately 288 feet north of the centerline of North Street and further described as 820 North Dickel 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 FIR.. 02128 1 ZA 89-17 E ;~ • Page 2 Variance No. 3924 • Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 3924, subject to the following conditions: 1. That the legal owner of subject property shall irrevocably offer to dedicate to the City of Anaheim a strip of land ten (10) feet in width from the centerline of the alley along. the east property. line for alley widening purposes... 2. That a fee .shall be paid. to the City of Anaheim for street lighting along Dickel Street in an amount as established 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.:l through 5. 4. That prior to commencement of the activity authorized by this decision, or within a :period of one '(l) year from the date of this decision, whichever occurs first, Condition Nos. l 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 2onng:Code and any other applicable Gity 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 thirtieth day of March, 1989. L~ Annika M. Santalaht 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 Gity Clerk. DATED : "~~,~/ ,~f~f ~ O. ~ y 0 02128 Pamela H. Starnes,. Executive Secretary 2 ZA 89-17