Resolution-ZA 1989-40
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-40
PETITION: VARIANCB N0. 3953 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: June 1, 1989
OPPOSTION: No one indicated his presence in opposition, and no correspondence
in opposition was received.
OWNER: ROBERT BRAVO
2451 West Mall Avenue, Anaheim, CA 92804.
LOCATION: 2451 West Mall Avenue
REQUEST.: Petitioner requests waiver of the following under authority- of
Code Sections. 18.12.060.010 and 18.12.060.A50 to construct a
second story addition to an existing single-family residence:
SECTIONS 18.26.063.010 - Minimum .front. yard setback.
and 18.26.063.011 (25 feet required; 20 feet 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 minimal because it consists of a second story
addition to be built over an existing garage which has a legally
nonconforming 20-foot front .setback and .that the petitioner has
stipulated to installing a roll-up garage door to facilitate driving into
the garage when vehicles. are in the 20-foot deep driveway;
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 front yard setback to
construct a 2-story room addition on a rectangularly-shaped parcel of land
consisting. of approximately 7,350 square fee having a frontage of
approximately 73 feet on the north side of Ma11 Avenue, having a maximum depth
of approximately 100 feet, being ..located approximately 255 feet east of the
centerline of Monument Street, and further described as 2451 West Mall Avenue;
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.
0285g
1
ZA 89-40
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Page 2
Variance No. 3953
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3953, subject to the following. conditions:
1. That sidewalks shall be repaired along Mall Avenue 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 a roll-up garage door shall be installed on the "front-on" garage.
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, 2 and 3.
4. That prior to final building and zoning inspections, Condition Nos. 1, 2
and 3, above-mentioned, shall be complied with..
5. .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 sixth day of
June, 1989. ~j~
~~~ ~ // ~ /
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: June 6, 1989 ~G~GG;~ir/X-V~
Pamela H. Starnes, Executive Secretary
02858 2 ZA 89-40