Resolution-ZA 1992-14•
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DECISION NO. ZA 91-14
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4170
DATE OF PUBLIC HEARING: March 5, 1992
OWNER: James W. and Lorraine F. Davidson
423 Primrose Street
Anaheim, CA 92804
LOCATION: 423 Primrose Street
CEQA STATUS: Categorical Exemption, C13sS 11
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:
SECTIONS 18.26.063.020 - Minimum structural setbacks.
and 18.26.063.030 5'0" side yard for storage unit/room
required, 3'6" existing; and 10'0" rear
yard for patio cover required, 3'6"
existing)
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 request is minimal because the existing structures consist of a
patio cover which is attached to the rear of the dwelling and (other than
the shared wall) is not enclosed, that both the patio cover and storage
room can be considered as temporary accessory structures, that neither has
a foundation, and that both are constructed of aluminum siding (the storage
room has composition roofing};
2. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; 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.
ZA-4170 -1- ZA 92-14
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Page`2
Variance No. 4170
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of minimum structural setbacks to retain a
patio cover and a storage room on a rectangularly shaped parcel of land
consisting of approximately 0.17 acre, having a frontage of approximately 74
feet on the west side of Primrose Street, having a maximum depth of a
approximately 100 feet, being located approximately 580 feet north of the
centerline of Orange Avenue, and further described as 423 South Primrose
Street; and that the Planning Director or his authorized representative has
determined that the proposed project falls within the definition of Categorical
Exemptions, Class il, 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. 4170, 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 and 2.
2. That the appropriate permits shall be obtained from the Building Division.
3. That. the storage area for two (2) trash containers shall be provided and
kept away from public view.
4. That prior to final building and zoning inspections or within a period of
one (1) year from the date of this decision, whichever occurs first,
Condition Nos. 1 and 2, 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.
ZA-4170 -2- ZA 92-14
Page 3
Variance No. 4170
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This decision is made, signed, and entered into the file this twelfth day of
March, 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 '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: March 12, 1992 ~ ~,~~~
Pamela H. Starnes
Administrative Assistant
ZA-4170 -3- ZA 92-14