Resolution-ZA 1992-02t.4
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DECISION NO. ZA 92-2
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO 4164
DATE OF PUBLIC HEARING: January 9, 1992
OWNERS: JAMES M. and ANN M. CHERRY
4932 East Holbrook Street, Anaheim, CA 92807
AGENT: GREGORY ANDERSON
2761 Via Corazon, Corona, CA 91720
LOCATION: 4932 East Holbrook Street
CEQA STATUS: Categorical Exemption, Class 5
OPPOSITION: No one indicated their presence at the public hearing in
opposition, and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Sections 18.12.060.070 and 18.12.060.050 to construct a 250 sq.ft.
room addition and to relocate an existing above ground spa and
gazebo:
(a) SECTION 18.27.062.030 - Maximum lot coveraae.
(35~ permitted for dwelling; 42.5 proposed)
(bj SECTIONS 18.27.063.020 - Minimum required setbacks.
and 18.27.063.030 (5 feet required from gazebo to side and rear
property lines; l foot 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 waiver (a) is hereby approved on the basis that other dwellings in
the surrounding residential tract have lot coverages similar to the
proposal because this tract was developed prior to 1972 when 40~ lot
coverages were permissable (in'1974, the Zoning Code was amended to reduce
the maximum permitted RS-5000 Zone lot coverage to 35~); and that the
additional coverage amounts to only 375 sq.ft of 1-story connstruction;
2. That waiver (b) is hereby approved on the basis that the request is
minimal because it pertains to a 77 sq.ft. accessory structure consisting
of a lattice-enclosed gazebo containing a spa; 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 maximum lot coverage and minimum
ZA-4164 -1- ZA 92-2
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Page 2
Variance No. 4164
required setbacks to construct a 250 sq.ft. room addition and relocate an
existing above ground spa and gazebo on a rectangularly shaped parcel of land
consisting of approximately 0.12 acre , having a frontage of approximately 50
feet on the south side of Holbrook Street, having a maximum depth of
approximately 100 feet, being located approximately 85 feet east of the
centerline of Viola Street, and further described as 4932 East Holbrook 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. 4164, 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. T, 2 and 3.
2. That the appropriate permit(s) shall be obtained from the Building Division
for the relocation of the spa and gazebo; and that notwithstanding the
setback waivers approved herein, the minimum setbacks required by the
Building Division shall be maintained for the spa.
3. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
Na. 1, above-mentioned, 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.
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.
This decision is made, signed, and entered into the file this sixteenth day of
January,. 1992. /~~~ L~. ~G~~~~~/~, A ,
/~/
Annika M. Santalahti, Zoning Administrator
NOTICE: This decision shall become final unless an appeal to the City Council,
im 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~/c/®op~y to the City Clerk.
DATED: January 16, 1992 ~,~~y~~~:~iL~lfi~} ~~~
Pamela H. Starnes, Administrative Assistant
ZA-4164 -2- ZA 92-2