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Resolution-ZA 1993-61 DECISION NO. ZA 93-61 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 4240 OWNER: Willard L. Geach 825 Redondo Drive East Anaheim, CA 92801 LOCATION: 825 Redondo Drive East CEQA STATUS: Categorical Exemption, Class 5 HEARING DATE: December 23, 1993 OPP051TION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. SUPPORT: One person spoke in support of the proposal REQUEST: Petitioner requests waivers of the following to construct a 236 sq.ft. addition to an existing single-family residence under authority of Code Sections 18.12.060.110 and 18.12.060.050: Section 18.25.063.030 Minimum rear yard setback. 23 feet required; 15 feet 3 inches 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 hearing having been duly noticed for and held on the date set forth above, I do hereby find: 1. That there are special circumstances applicable to the property consisting of size and surroundings, which do not apply to other identically zoned properties in the vicinity, because replacement open space is available in a 20-foot wide side yard which adjoins the rear yard; 2. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity; 3. That subject property is {egally nonconforming due to its existing size (7,189 sq.ft.) which is about 28°~ smaller than the 10,000 sq.ft. required by Code, and that the proposed rear yard is similarly smaller (about 34% smaller than required by Code); and 4. That the minimum rear yard for house additions in the RS-7200 zone (where minimum lot size is comparable to subject property) is only 10 feet. za-V4240.wp - 1 of 2 - ZA 93-61 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum rear yard setback on arectangularly-shaped parcel of land consisting of approximately 0.17 acre having a frontage of approximately 79 feet on the west side of Redondo Drive East, having a maximum depth of approximately 91 feet, being located approximately 282 feet north of the centerline of North 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 (EIR) 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. 4240,. 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 No. 1. 2. That prior to issuance of a building permit or within a period of one (1) year from the date of this decision, whichever occurs first, Condition No. 1, 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 30th day of December 1993. Annika M. antalahti 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 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: December 30, 1993 Betty Presto Sr. Office Specialist za-V4240.wp - 2 of 2 - ZA 93-61