Resolution-ZA 1992-09at _.~.
DECISION NO. ZA 92-9
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0 4169
OWNER: OMP DEVELOPMENT, 1571 West Katella Avenue #A, Anaheim, CA 92802
AGENT: K. OSTOWARI, 1571 West Katella Avenue #A, Anaheim, CA 92802
LOCATION: 1571 West Katella Avenue
CE¢A STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: January 23, 1992
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 to construct 10 balconies adjacent to Katella
Avenue:
SECTIONS 18.04.043.040 - Permitted encroachment into required front
and 18.32.064.020 yard.
(Balconies permitted to encroach maximum 30
inches into 20-foot front yard along Katella
Avenue;
10 balconies proposed to encroach 60 inches)
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 there is a special circumstances applicable to the property consisting
of a previously approved variance which allows 6-foot high walls enclosing
private patios to encroach 10 feet into the required 20-foot front setback
along Katella Avenue, and that the proposed balconies will project partially
over those patios so the visual impact will be minimal; and
2. That a number of nearby properties are zoned commercially and have shallower
front setbacks (10 feet).
CALIFORNIA. ENVIRONMENTAL UALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of permitted encroachment into required yard, to
construct 10 balconies adjacent to Katella Avenue on a rectangularly shaped
parcel consisting of approximately 2.21 acres, having a frontage of approximately
340 feet on the north side of Katella Avenue, having a maximum depth of
approximately 309 feet, being located approximately 314 feet east of the
centerline of Carnelian Street, and further described. as 1575 West Katella
Avenue; 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.
ZA-4169 -1- ZA 92-9
•
Page 2
Variance No. 4169
Based on the evidence and testimony presented to me, I do hereby determine to
APPROVE Variance No. 4169, 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 and 3; provided, however, that at least two (2) sets of plans showing
the specific design for each balcony shall be submitted to the Zoning
Division for review and approval within a period of sixty (60) days from the
date of this decision or prior to construction and completion of said
balconies, whichever occurs first. Following approval, one (1) set shall be
attached to the building plans retained by the Building Division and the
second (2nd) set shall be retained and filed with subject variance in the
Zoning Division. Minimally, the balconies shall be designed using the
following criteria (which are also outlined on the approved Exhibit No. 2
(building elevations). (Note: The submitted balcony plan[s] shall specify
each detail and when constructed, the balconies shall be so-maintained.)
{a) Each balcony shall be a maximum of twenty four feet (24'] long and be
located no closer than fourteen (14) feet to the Katella Avenue
right-of-way;
(b) The railings around each balcony shall be solid to a minimum height of
forty two inches (42");
(c) Each balcony railing shall consist of maximum. eight foot (8'} wide
design increments/panels;
(d) The outward facing surface of each railing shall be three (3}
dimensional (i.e., the balcony railings shall not have a completely flat
.outward facing surface).;
(e) The balcony shall be constructed of stucco and/or wood materials (wood
lattice only shall not be permitted for the forty two inch (42") solid
portion); and
(f) Each balcony shall be colored (stained and/or painted) to coordinate
with the building colors.
2. That within a period of sixty (60) days from the date of this decision or
prior to issuance of occupancy permits for any residential unit, whichever
occurs .first, Condition No. 1, above-mentioned, shall be complied with.
Extensions for further time to complete said condition 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 thirtieth day of
January, 1992. ~,/~
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G~~. G~2~
Annika M. Santalahti
Zoning Administrator
ZA-4169 -2- ZA 92-9
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Page 3
Variance No. 4169
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 30, 1992 ~ ik=~G//_,~~~2i%'~i4~
Pamela H. Starnes
Administrative Assistant
ZA-4169 -3- ZA 92-09