Resolution-ZA 1989-69R
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-69
PETITION: VARIANCE N0. 4000 CEQA STATUS:- CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: November 16, 1989
OPPOSITION: No one indicated -their presence at the public hearing in
opposition; and no correspondence in opposition was received.
OWNER: C. N. PETERSON
836 North Clementine Sreet, Anaheim, CA 92805
LOCATION:... 836 North Clementine Street
REQUEST: Petitioner requests a waiver of the following .under authority of
Code Section 18.12.060.050 to re-construct an existing garage and
patio cover:
.SECTIONS 18.04,042.060" - Minimum rear yard setback.
and 18.26:063.030 (Permitted: 15 feet when rear yard
abuts a public alley and 10 feet when
equal useable open living space is
available elsewhere on the lot;
Proposed: none)
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 petitioner indicated - at the public hearing (a) that the
re-.construction (which is underway) is the result of severe fire damage
to the garage, patio. ..cover and roof of the existing house, {b) that the
proposed rear yard coverage is similar to what existed prior to the fire
and (c) that the previous-patio cover is being replaced with'a solid roof;
2. That the front yard is exceptionally deep'(42 feet instead of 25-feet as
specified by Code)...and,:;therefore, more than 850 sq.ft.,of useable open
living -.space is available elsewhere" on the lot to replace the
approximately 750 sq.ft.,which would be available in the rear-yard if the
rear yard setback compled'with-Code;
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 zonedproperties in the vicinity; :and
4. That strict application of the Zoning Code deprives the property of
privileges enj°oyed by other properties in identical zoning classification
in the vicinity because existing residential buildings and garages on a
number of nearby lots abut the public alley.
0395g 1 ZA 89-69
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Page 2
Variance No. 4000
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That-the Zoning Administrator
has reviewed the proposal for waiver of minimum rear-yard to reconstruct an
existing. garage and 'patio cover on a rectangularly-shaped parcel of land
consisting of approximately A.12 acre, having a_frontage of approximately 49
feet on the east side of Clementine Street, having a ..maximum .depth of
approximately 109 feet, being. located approximately 300 feet south of the
centerline of La Verne' Street, and further described as 836 -North Clementine
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 EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve variance No. 4000, subject to the following conditions:
1.(a)* 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, he centerline of the a1Tey along-the east property line for-alley
widening"purposes; and
(b) If required by the City Engineer, the owner `shall obtain an
encroachment permit"-for those"portions of the building and ,patio roof
which encroach into. the ultimate right=of-way of said alley; and/or
(c) If required, by .the .City Engineer, the owner shall furnish the City of
Anaheim with a recorded .;agreement., in a form approved by="the City
Attorney, wherein the owner agrees to' remove those... portions of the
building and patio roof which encroach into the ultimate right-of-way
of said al ey at his/her expense when the City widens the entire alley
between La Verne-Street and `North Street to its ultimate width. If
such an agree"merit is required by the City Engineer, it shall be
recorded.-with the Offiee of the Orange County Recorder and a copy shall
then be furnished to the Planning Department.
2. That the "legal owner of subject property shall provide the City of
Anaheim with a five (5) foot wide ,.public utility easement. along the east
property line,- as required by he Utilities Department. If required by
.the General Manager of the Utilities-Department, an.encroachment permit
shall be obtained by the owner.. for those.. portions.: of -the building and
:patio roof which encroach. into said. easement.
3. That subject property ,hall be developed substantially in accordance with
plans 'and specifications submitted to the City of Anaheim by the
petitioner ..and which. plans are on 'file with the Planning Department
marked Exhibit No. 1.
4. That prior to final building and zoning :inspections 'or within a period of
one (1) year from the .date of this decision, whichever occurs first,
`Condition 'Nos. 1, 2 and 3, :.above-mentoned,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.
0395g ZA 89-69
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Page 3
Variance No. 4000
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, State and- Federal
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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations and agreements
and .are not subject to negotiation.
This decision is .made, signed, and entered into the file this twenty-second
day of November, 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 1 da s 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 he United<States Mail, a
copy o£ the decision to the applicant and did forward a copy to the City Clerk.
DATED . November 2 2 , 19 8 9 ~GG %~J'2~L;C~Y/ ~, ,~/l~
Pamela. H. Starnes., Executive Secretary
A395g
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ZA 89-69