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Resolution-ZA 1990-39r • DECISION OF THE ZONING ADMINISTRATOR - ZA 90-39 PETITION: VARIANCE NO. 4061 CEQA STATUS: CATEGORICAL .EXEMPTION CLASS 1 DATE OF PUBLIC HEARING: June 28, 1990 OPPOSITIQN: There was no one indicating their presence in opposition at the - public hearing; and no correspondence was received. OWNERS: RONALD J. AND DARNELL E. ROBERTSON 701 North. West Street, Anaheim, CA 92801 LOCATION: 701 North West Street REQUEST: Petitioner requests waiver of the following under authority of Code Section 18.12.060.050 to construct a 3-car garage: SECTIONS 18.25.063.010 Minimum structural setback. and 18..25.063.020 `(41 foot front yard .and 8-1/2 foot sde,_yard required; 24-1/2 and 4-1/2 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 finds 1. That the waiver, as it pertains to the front yard setback,: is minimal because the proposal consists of a single story "side on" garage. to West Street which, if it were a "front on" garage, :would comply with Code; and because the remaining front ,yard 'is substantially deeper {about 64 feet) than required by Code.. (41 feet) 2. That the waiver, as it pertains to the side yard, is a continuation of the existing building setback and that the south facing elevation will be blank without any windows or doors; 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 _OUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waiver. of minimum structural .setback to construct a 3-car garage; `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. 0510g -1- ZA90-39 'y Page 2 Variance No. 4061 • Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4061, subject to the following conditions: 1. 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. l and 2. 2. That prior to final building and .zoning inspections, Condition No. 1, above-mentioned, shall be complied with. 3. 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.. This- decision is made, signed, and ..entered into the file this fifth day of July. 1990. , ~ ~ Annka M. Santalahti Zoning Administrator NOTICE.: This decision shall become final unless. an _appeal to the .City Counci in writing, accompanied by an appeal fee, is filed with the City Clerk within. 15 days of the date of'the signing. o£ 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 bn 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: July 5, 1990 ~~ Margarit Perez, Acting cretary 05108 2 ZA 90-39