Resolution-ZA 1993-27'l
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DECISION NO. Z 93-27
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4223
OWNERS: DALE MARTIN and CINDY MARTIN
5038 East Woodwind Lane, Anaheim, CA 92807
LOCATION: 5038 East Woodwind Lane
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: April 1, 1993
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 the authority of Code Section
18.12.060.070 to construct a 239 sq.ft. foot room addition to an existing single-family
residence:
Section 18.27.062.035 - Maximum lot coverage.
5% permitted; 40% 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, even with the proposed waiver, adequate recreational open space is available on-site
including an 18-foot deep rear yard, and that the additional coverage amounts to only 239 sq.ft.;
2. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because the petitioner testified that at
least three other houses along Woodwind Lane (Nos. 5034, 5040 and 5042) have been developed
in a manner similar to the proposal; and
3. That there are special circumstances applicable to the property such as location or surroundings,
which do not apply to other identically zoned properties in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of maximum lot coverage to construct a 239 sq.ft. room addition to an
existing single-family residence located on arectangularly-shaped parcel of land consisting of
approximately 0.11 acre, having a frontage of approximately 50 feet on the south side of Woodwind
Lane, having a maximum depth of approximately 100 feet, being located approximately 200 feet west of
the centerline of Woodwind Lane and further described as 5038 East Woodwind Lane; 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 (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare
an EIR.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4223, 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 plan is on file with the Planning
Department marked Exhibit No. 1.
2. That within a period of one (1) year from the date of this decision, Condition No.l,
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.
3. 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 April 1993.
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 1 da s 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.
ika M. Santalahti
Zoning Administrator
DATE:. April 8, 1993
amela H. Starnes
Administrative Assistant
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