Resolution-ZA 1990-241 ''~
DECISION OF THE-ZONING ADMINISTRATOR - ZA 90-24
PETITION: VARIANCE N0. 4050
CEQA STATUS: CEOA CATEGORICAL EXEMPTION
CLASS 1
DATE OF PUBLIC HEARING: May 17, 1990
OPPOSITION: No .one indicated their presence in opposition at the public
hearing, and no correspondence in opposition was received.
OWNERS: LEWIS and SHEILA FRIEND
1309 North Minot Street, Anaheim CA 92801
AGENT: MILLIE CZECH
13925 Yale Street #100, Irvine CA 92720
LOCATION: 1309 North Minot Street.
.REQUEST: Waiver of the .following under authority to Code Section
38.12.ObD.050 to retain an existing 230 sq.ft. patio enclosure
attached to a single-family residence:
Section 18.26.063.030 - Minimum rear yard.
(10 feet required;.
3 feet, 4 inches 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 granted on the basis of other homes. in the area
having similar shallow 115-foot rear yards with similar additions having
5-foot setbacks, and that the open recreation area otherwise found in a
rear. yard is available in .the front ,yard which is exceptionally deep (40
to 50 feet as compared to 25 feet which is the minimum required by Code);
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 rear .yard to retain an
existing 230 sq,ft. patio enclosure attached to a single-family residence; and
that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical
Exemptions, Class 1, as defined in the State EIR Guidelines and is, therefore,
categorically exempt from .the requirement to prepare an EIR.
0480g 1 ZA 90-24
Page Z
Variance No. 4050
Based on .the evidence and testimony. presented to me, I do hereby determine to
approve Variance No. 4050, subject to the following conditions:
1. That the .legal owner of subject property shall apply for an encroachment
permit for the encroachment into the existing five (5) foot Public
Utility Easement, as may be required by the Utilities General Manager.
If an encroachment permit is not required, written evidence thereof shall
be submitted to the Zoning Division.
2, That subject property shall 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 Nos. 1 and 2.
3. That prior to issuance of a building permit. or within a period of one
-.year .from the .date of this decision, whichever occurs first, Condition
No. 1, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section 18.D3.D90 of the Anaheim Municipal Code.
4. That prior to final building and zoning inspections, Condition No. 2,
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 Gty, 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.
This decision is made, signed, and entered into: the file this twenty fourth
day of May,. 1990.
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 a 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 the United States Mail, a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED: May 24, 199.0
Margarita rez, Acting Secre ry
0480g 2 ZA 90-24