Resolution-ZA 1992-26w ~_
DECISION NO. ZA 92-26
OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4185
OWNERS: William B. and Bazbaza J. Palmer
1118 West Pazk Avenue, Anaheim, CA 92801
DATE OF PUBLIC HEARING: June 11, 1992
LOCATION: 1118 West Pazk Avenue
CEQA STATUS: Categorical Exemption, Class 5
SUPPORT: The petitioner submitted 121etters from neighbors supporting the proposal.
OPPOSITION: Two people indicated their presence at the public hearing in opposition to the
proposal; 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, 869 sq.ft. room addition to a single family
residence:
(a) SECTION 18.25.063.020
(b) SECTION 18.25.063.031
Minimum side Xazd setback.
(~6" permitted; ~ proposed)
Minimum reazyazd setback.
2 fee required; 10 to 25 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 public heazing having
been duly noticed for and held on the date set forth above, I do hereby find:
That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because waiver (a) "minimum
side yazd setback" is for the one story portion of the addition and there aze existing similaz
side yards in the neighborhood which are shallower than required by the Zoning Code; and,
further, that the west-facing wall of said one-story portion will contain no windows or glass
doors, as stipulated to by the petitioner at the public heazing; and
2. That waiver (b) "minimum reaz yazd setback" is minimal because the one-story portion of the
proposed addition projects only 5 feet into the required 25-foot rear yard; that only the
covered ground floor deck projects 15 feet into the required yazd and that if said covered deck
were detached from the dwelling it would be a permitted accessory structure; and, further,
that the proposed coverage of the entire 25-foot rear yard is less than 10%.
za-4185.wp ZA 92-26
• •
VARIANCE NO. 4185
Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:. That the Zoning Administrator has
reviewed the proposal for waiver of minimum side yard and rear yard setbacks to construct atwo-
story, 868 sq.ft. room addition on a rectangulazly-shaped parcel of land consisting of approximately
0.23 acre, having an approximate frontage of 96 feet on the south side of Pazk Avenue, having a
maximum depth of approximately 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 of California Environmental
impact Report (ElR) Guidelines and is, therefore, categorically exempt from the requirement to
prepare an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to APPROVE Vaziance
No. 4185, 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 through 6; provided, however, that:
(a) There shall be no windows or glass doors in the west-facing wall of the one-story
portion of the proposed addition located within the nine (9) foot six (6) inch side
yard; and
(b) The covered deck shall be open and shall not be enclosed with solid wails and/or
windows.
2. * That trash storage azeas shall be provided and maintained in a location acceptable to the
Department of Maintenance and in accordance with approved plans on file with said
Department. Such information shall be specifically shown on the plans submitted for building
permits.
3. That prior to final building and zoning inspections or within a period of one (1) yeaz 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. Conditions marked with an asterisk (*) are required by established laws,. codes,
regulations and agreements and aze, therefore, not subject to negotiation.
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VARIANCE NO. 4185
Page 3
This decision is made, signed, and entered into the file this day seventeenth day of Jun , 1992.
G~G~~
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 Ciry Clerk within ~ 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. /p/
DATE:. June 17, 1992 ~~/.LY~~ ~ ~~2 ~~~
Pamela H. Starnes
Administrative Assistant
za-4185.wp ZA 92-26