Resolution-ZA 1993-06w P
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DECISION NO. ZA 93~
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4214
OWNERS: Mohamed and Noha I{houvaki
1217 South Brookhurst Street, Anaheim CA 92804
AGENT: Paul Russavage
1217 South Brookhurst Street, Anaheim CA 92804
LOCATION: 1217 South Brookhurst Street
DATE OF PUBLIC HEARING: January 7, 1993
CEQA STATUS: Categorical Exemption, Class 5
SUPPORT: One letter in support of an 11-foot 4-inch high block wall along the west property line
was received.
OPPOSTITON: 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 the authority of Code Section
18.12.060.050 to retain an existing metal roof ,cover:
Sections 18.44.062.011
end 18.44.063.Q40
Minimum structural setback.
1 -f open setback required between rear
[west] property line and metal roof cover
fastened to existing building, and 22 feet
required between rear property line and 11-
foot 4-inch high block wall; none existing or
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 heazing
having been duly noticed for and held on the date set forth above, I do hereby find:
1. That the existing commercial building is located 10 feet from the west property line and the
petitioner testified at the public hearing that drainage is a problem in said setback and
covering the area would control the drainage, and that the neighbor to the west supports the
proposal;
2. That there aze special circumstances applicable to the property such as location and
surroundings, which do not apply to other identically zoned properties in the vicinity because
subject block wall and/or metal roof cover will provide a buffer between subject commercial
building and adjacent residential uses to the west; and
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VARIANCE NO. 4214
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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 waiver of minimum structural setback to retain an existing metal roof cover
on a rectangulazly-shaped pazcel of land consisting of approximately 0.31 acre, having a frontage of
approximately 120 feet on the west side of Brookhurst Street, having a maximum depth of
approximately 115 feet, being located approximately 280 feet south of the centerline of Ball Road and
further referred to as 1217 South Brookhurst Street (Altayebat Mazket); 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 prepaze an E1R.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4214, subject to the following conditions:
1, That the existing driveways on Brookhurst Street shall be removed and replaced with one (1)
driveway.
2. That plans shall be submitted to the City Traffic and Transportation Manager for his review
and approval showing conformance with the latest version of Engineering Standard Plan Nos.
436 and 602 pertaining to parking standards and driveway location. Subject property shall
thereupon be developed and maintained in conformance with said plans.
3. That the new driveway shall be constructed with ten (10) radius curb returns as required by
the City Engineer in conformance with Engineering Standard No. 137.
4. That an on-site trash truck turn azound azea shall be provided in accordance with Engineering
Standazd Detail No. 610, as required by the Department of Maintenance.
5. That all existing landscaping shall be refurbished.
6. That trash storage area(s) shall be provided and maintained in location(s) 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.
7. That a Plan Sheet for solid waste storage and collection, and a plan for recycling shall be
submitted to the Department of Maintenance for review and approval.
8. That the "abandoned" sign at the southeast corner of subject. property shall be either (a)
removed or (b) refurbished if said sign was legally installed (that is, City approval was given
when the sign was originally installed).
9. That the appropriate building permits shall be obtained for the roof cover and the 11-foot fl-
inch high block wall.
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VARIANCE NO. 4214
10. That a copy of the signed lease for the off-site pazking adjacent to the north property line
shall be submitted to the Zoning Division.
11. 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; provided, however, that the
north and south ends of the enclosure between the building and the west property line shall be
open without any solid walls (chainlink, wrought iron or similar fencing may be permissible).
12. That prior to issuance of a building permit or within a period of one (1) yeaz from the date of
this decision, whichever occurs first, Condition Nos. 2, 6, 7 and 10, 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.
13. That prior to final building and zoning inspections, Conditions Nos. 1, 3, 4, 5, 8 and 11,
shall be complied .with.
14. 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 regazding any other applicable ordinance, regulation or
requirement.
This decision is made, signed and entered into the file this day fourteenth of January, 1993.
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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 day, 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 declaze 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 forwazd a copy to the City Clerk.
DATE: January 14, 1993
Peg ez
Acting Secretary
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