Resolution-ZA 1990-58A
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-58
PETITION: VARIANCE N0. 4076
CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 1
DATE OF PUBLIC HEARING: August 9, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition and no .correspondence was received.
OWNERS: Bernard and Erika Nicholas
7340 Hacienda Street
Anaheim, CA 92804
LOCATION: 1340 South. Hacienda Street
REQUEST: Petitioner requests waiver of the following to construct a 2-car
garage and a 319 sq.ft. room addition:
Sections 18.12.060.050 - Minimum front yard setback.
and 18.26.063.010 (25 feet required; 21 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 dohereby find:
1. That the request is minimal consisting of a setback only 4 feet shallower
than required by Code and that .roll-up garage doors will be provided for
the front-on garage; and
2. That. there is a special circumstance applicable to the .property
consisting of the .house being aligned along the. longest axis. of the
property so that it faces. the. longest. street frontage (instead of the
narrowest, which is typical of single-family residential development)
and, therefore, the 21-foot setback waiver is in a yard area .which can
reasonably-be considered a side yard (with a minimum required setback of
12-1/2 feet). '
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning .Administrator
has reviewed the proposal for waiver of minimum front yard setback to
construct a garage and room additions on a rectangularly-shaped parcel of land
consisting of approximately 0.20 ,acre located at the northeast corner of
Hacienda Street and Palais Road, having approximate .frontages of 100 feet on
the east side of Hacienda Street and 88 feet on the north side of Palais Road
and further .described as 1340 South Hacienda Street;. 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,
0561g 1 ZA 90-58
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Page 2
Variance No. 4076..
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Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4076, 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. 1 through 3.
2. * That .roll-up garage doors shall be shown on plans submitted for building
germits. Said doors shall be installed and maintained as shown on
submitted plans.
3. That prior to final building. and zoning inspections or within a period of
one {1) year from the date of this decision, Condition Nos. 1 and 2,
above-mentioned, sha11`be complied with.
4. * 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, therefore, not subject. to negotiation.
This decision is made, signed, and entered into the file this sixteenth day of
August, 1990.:
Annika M. Santalahti
Zoning Administrator
NOTICE: This .decision shall -become. final unless an appear 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: August 16, 1990
0561g
Pamela H. Starnes, Executive Secretary
ZA 90-58