Resolution-ZA 1989-33~ ~ • •
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-33
PETITION: VARIANCE NO. 3949 CEQA STATUS': NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: May 18, 1989
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received.
OWNER: ANTHONY P. and NANCY BROOKLIER
1238 West Dwyer Drive, Anaheim, CA 92805
LOCATION: 1238 Dwyer Drive
REQUEST: Petitioner requests waiver of the following to construct a 663
sq.ft. detached pool cabana:
(a) SECTION 18..25.063.030 - Minimum rear yard setback.
(b) SECTION 18.25.062.022 - Maximum rear yard coverage.
(25~ permitted; 31~ 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 above-mentioned waiver (a) is eliminated because said waiver is
not required for a detached accessory structure such as the proposed
cabana;
2. That the above-mentioned waiver (b) is granted on the basis that said
request is minimal because the useable yard area covered by the proposal
is available elsewhere in the existing rear yard which is substantially
larger than required by Code .(minimum 25-foot rear .yard required by
Code; 75-foot rear yard existing);
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 waiver of minimum rear yard setback and maximum
rear yard coverage to construct a 663 sq.ft. pool cabana on an
irregularly-shaped parcel of land consisting of approximately 15,380 sq.ft.,
having a frontage of approximately 126 feet on the south side of Dwyer Drive,
having a maximum depth of approximately 192 feet, and further described as
0274g 1 ZA 89-33
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Page 2'
Variance No. 3949
1238 Dwyer Drive; 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. 3949, 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 Exhibit
Nos, 1 and 2.
2. That .prior to final building and -zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
3. That-, approval of tl
request only to the
Zoning Code and any
include any action
request. regarding
requirement.
pis 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 twenty=fifth day
of May, 1989.
C~%~/L
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 ox 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 Glerk.
DATED:. May 25, 1989 / ~G ~Y~~
Pamela H. .Starnes, Executive Secretary
0274g 2 ZA 89-33