Resolution-ZA 1992-37~~ •
DECISION N0. ZA 92-37
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4191
DATE OF PUBLIC HEARING: August 20, 1992
OWNER: Diane and Timothy Smith
362 Silverbrook Drive
Anaheim, CA 92807
LOCATION: 362 Silverbrook Drive
CEOA STATUS: Categorical Exemption, Class 5
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal,
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 a 292 sq.ft. foot room addition to an existing single
family residence.
SECTION 18.24.063.020 - Minimum side vard setback.
(6 feet required;
3 feet, 6 inches to 5 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 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 it consists of a setback waiver along only about 18%
of the entire side property line la 1-story, 25-foot long addition adjacent to a 138-foot long
property Iine1; that the remainder of the building setback along that side ranges from about
13 to 16 feet; and that the average building setback along that property line will be 10
feet, more than twice the requirement;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for wavier of minimum side yard setback to construct a 292 sq.ft. room
addition on arectangularly-shaped parcel of land consisting of approximately 10,138 sq.ft. having
a frontage of approximately 83 feet on the south side of Silverbrook Drive, having a maximum
depth of approximately 137 feet, being located approximately 1130 feet northeast of the
intersection of Royal Oak Road and East Honeywood Lane, and further described as 362
Silverbrook Drive; 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
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VARIANCE NO. 4191
Page 2
in the State 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. 4191, subject to the following conditions:
1. That trash storage areas 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.
2. 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.
3. That prior to final building and zoning inspections or within a period of one 11) 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.
This decision is made, signed, and entered into the file this twenty-seventh day of August, 1992.
Annika M. Santalahti
Zoning Administrator
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VARIANCE NO. 4191
Page 3
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.
DATE: August 27, 1992 ,~h~~2fir/l~/9~ • ~
Pamela H. Starnes
Administrative Assistant
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