Resolution-ZA 1992-10•
DECISION NO. ZA 92-10
OF THE. ZONING ADMINISTRATOR
DENYING VARIANCE NO. 4159
OWNERS: WILLIAM B. and BARBARA J. PALMER
118 West Park Avenue, Anaheim, CA 92801
LOCATION: 1118 West Park Avenue
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: February 6, 1992, continued from the November 27, 1991
and January 9, 1992 meetings.
OPPOSITION: There were two people at the November 27, 1991 public hearing and
three people at the February 6, 1992 public hearing indicating their
presence in opposition, and no correspondence in opposition was
received.
REQUEST: Petitioner requests waivers of the following under authority of Code
Section 18.12.060.050 to construct a 2-story, 1,081 sq.ft. room addition:
(a) SECTION 18.25.063.020 - Minimum side yard setback.
(9 feet required;
6 to 8 feet proposed)
(b) SECTION 18.25.063.031 - 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 a continuance was granted for the petitioner to consider submitting
revised plans to reduce or eliminate the proposed waivers, and that the
petitioner submitted revised plans (labeled Revision No. 1) which increased
the proposed rear yard setback from 6 feet to 10 feet and that the proposed 6
to 8-foot side yard setback was retained;
2. That the proposed setbacks are substantially shallower than required by
Code: the proposed side yard is about 42~ shallower and the proposed rear
yard is about 60~ shallower;
3. That a field inspection of the area showed that other residences which are
partially 2-stories in height maintain the minimum Code-required side yard
setbacks (at 9'~ feet or more), and that only 1-story dwellings appeared to
have shallower side yard setbacks and those setbacks appeared to be along the
1-story garage portion of the dwellings;
4. That the aerial map of the neighborhood showed that other residences maintain
minimum 25-foot or greater rear yard setbacks;
ZA-4159 -1- ZA 92-10
Page Z ~ •
Variance No. 4159
5. That there are no special circumstances applicable to the property such as
size, shape, topography, location and surroundings which do not apply to
other identically zoned property in the same vicinity because subject
property is flat, rectangularly-shaped and the same size as other area lots,
and it complies with the minimum lot size requirement of the underlying
RS-10,000 Zone; and that strict application of the Zoning Code does not
deprive the property of privileges enjoyed by other properties in the
identical zone and classification in the vicinity; and
6. That denying the request for waivers will not deprive the subject property of
privileges enjoyed by other properties located in the same zone and vicinity
because there have been no other similar waivers granted in the vicinity, and
that it is possible for the subject property to be developed with additional
living area in a manner that conforms with Code requirements because it has a
large rear yard setback of about 37 feet which substantially exceeds the
minimum Code requirement of 25 feet, and that any hardship caused by the
location of the existing swimming .pool in the rear yard is self-created.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waivers of minimum side yard setback and minimum rear
yard setback to construct a 2-story, 1,081 sq.ft. room addition on a
rectangularly-shaped parcel of land consisting of approximately 0.23 acre, having
an approximate frontage of 96 feet on the south side of Park Avenue, having a
maximum depth of 105 feet, being located approximately 215 feet west of the
centerline of West Street and further described as 1118 West Park 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.
Based on the evidence and testimony presented to me, I do hereby determine to DENY
Variance No. 4159.
This decision is made, signed, and entered into the file this 13th day of
February, 1992.
~~~ ~~W
n ika 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: February 13, 199 2
Margarita lorio, Acting Secretary
ZA-4159 -2- ZA 92-10