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Resolution-ZA 1992-48~~ • DECISION NO. ZA 92-48 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4200, IN PART LOCATION: 213 West Elm Street OWNER: Thomas M. Webber P.O. Box 1238 Gazden Grove, CA 92642 DATE OF PUBLIC HEARING: October i, 1992 CEQA STATUS: Categorical Exemption, Class 5 OPPOSITION: No one indicated their presence at the public heazing in opposition to the proposal; and no correspondence in opposition was received. REQUEST: Petitioner requests waiver of the following under authority of Code Section 18.12.060.070 to construct a 1,000 sq.ft. gazage: Section 18.26.062.031 - Maximum reaz lot coverage. ( 5 °o permitted; ¢$~ 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 approval is hereby granted for a maximum eight hundred (800) sq.ft. garage with a pitched roof; 2. That the vaziance will not cause an increase in traffic congestion in the immediate vicinity nor adversely affect any adjoining land uses; 3. That the granting of the variance under the conditions imposed will not be detrimental to the peace,. health, safety or general welfaze of the citizens of the City of Anaheim because the open leisure space to be wvered by the proposal is available in the front Yazd which is exceptionally deep and exceeds the minimum required by Zoning Code (over 45 feet deep, 25 feet required); 4. That there aze special circumstances applicable to the property consisting of location and surroundings, which do not apply to other identically zoned properties in the vicinity because adjacent development to the north (reaz property line) includes gazages abutting most of the property line; and 5. That strict application of the Zoning code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. za4200.wp -Page 1 - ZA 92-48 • VARIANCE NO. 4200 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to construct a 1,000 sq.ft. garage with waiver of maximum reaz lot coverage on a rectangulazly-shaped pazcel of land consisting of approximately 7,600 squaze feet, having a frontage of approximately 50 feet on the north side of Elm Street, having a maximum depth of approximately 152 feet, being located approximately 151 feet east of the centerline of Clementine Street, and further described as 213 West Elm Street; 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 (E1R) 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. 4200, in part, subject to the following conditions: 1. That the trash storage aze shall be screened from public view. 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 aze on file with the Planning Department marked Exhibit Nos, 1 through 5; .provided, however, that the gazage building shall be a maximum of eight hundred (800) sq.ft. in area with. a pitched roof, and that there shall not be a pazapet along the east property line facing the existing dwellings on the adjacent property to the east. (It may be necessary that the proposed gazage maintain a minimum three (3) foot setback from the east property line to comply with applicable building codes.) 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. This decision is made, signed, and entered into the file this eighth day of October, 1992. za4200.wp ' a M. Santalahti Zoning Administrator - Page 2 - ZA 92-48 .,, VARIANCE NO. 4200 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 wpy of the decision to the applicant and did forward a copy to the City Clerk. DATE: October 8, 1992 za4200.wp ~V - :~Ci~~ :~~i~QJ Pamela H. Starnes Administrative Assistant - Page 3 - ZA 92-48