Resolution-ZA 1992-03• •
DATE OF PUBLIC HEARING: January 9, 1992
OWNER: FRANK J. CURRIE
?580 East Martella Lane, Anaheim, CA 92808
LOCATION: 7580 East Martella Lane
CEQA STATUS: Categorical Exemption, Class 5
SUPPORT: Two people indicated their presence at the public hearing in
support of the proposal.
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
Section 18.12.060..050:
SECTION 18.23.063.030 - Minimum rear yard setback.
(25 feet required; 10 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 find:
1. That the proposed addition which encroaches into the rear yard setback is
a 1 story garage with a mezzanine having a roof sloping in the direction
of the adjacent property and because the proposal is at a significantly
lower grade than the adjacent property, there will be minimal visual
impact on said neighboring property; and that .except for the 55-foot wide
addition, the remainder of the 161-foot wide rear yard will have a setback
of 40 feet or more;
2. That there are special circumstances applicable to the property consisting
of topography and location which do not apply to other identically zoned
properties in the vicinity because the proposed rear yard setback is at a
grade level which is 10 feet or more lower. than the adjacent property; 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.
DEGISION NO. ZA 92-3
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4165
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum rear yard setback to construct
an attached two-story (one story. with mezzanine) garage and workshop addition
to an existing single family residence on an irregularly-shaped parcel of land
consisting of approximately 0.9 acre having a frontage of approximately
ZA-4165
-1-
ZA 92-3
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Page 2
Variance No. 4165
109 feet on the south side of Martella Lane, having a depth of approximately
318 feet, being located approximately 768 feet east of the centerline of Martin
Road, and further described as 7580 East Martella Lane; 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 of California Environmental Impact Report 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. 4165, 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, 2, 3, 4 and 5.
2. That within a period of one year from the date of this decision, Condition
No. 1, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
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 sixteenth day of
January, 1992.
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 davs 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: January 16, 1992 ~~%'r~~"~~ ~ ~'®-'~
Pamela H. Starnes
Administrative Assistant
ZA-4165 -2- ZA 92-3