Resolution-ZA 1994-12f
DECISION NO. ZA 94-12
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0. 4249
OWNERS:
LOCATION:
Andrew and Kathy Perez
1446 East Pinewood Avenue
Anaheim, CA 92805
1446 East Pinewood Avenue
CEQA STATUS: Categorically Exemption, Class 5
HEARING DATE: May 12, 1994
OPPOSITION: No one indicated. their presence at the public hearing in opposition and no
correspondence in opposition was received.
.SUPPORT: Three letters were received from neighbors in favor of the proposal.
REQUEST: Petitioner requests waiver of the following to retain a 340 sq.ft. patio enclosure under
authority of Code .Section 18.i 2.060.050:
Section 18.26.063.030 - Required rear yard setback.
(minimum 10 feet required; 5 feet existing)
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:
That an equivalent amount of outdoor living space (as covered by the patio enclosure) is available
elsewhere on subject property;
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 aerial map for the
neighborhood shows a number of nearby houses and garages are located less than 10 feet from
the rear property lines.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of required rear yard setback on arectangularly-shaped parcel of land consisting of
approximately 0.14 acre, having a frontage of approximately 60 feet on the south side of Pinewood Avenue,
having a maximum .depth of approximately 100 feet, being located approximately .290 feet west of the
centerline of Kenwood Avenue, and further described as 1446 East Pinewood Avenue; and thatthe Planning
Director or his authorized representative has determined that the proposed project is CategoricaNy Exempt,
under Class 5 per the State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented ,to me, i do hereby determine to approve Variance No.
4249, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with plans and specffications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit No. 1.
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2. That the property. owner shall submit to the Planning Department a copy of an encroachment permft
from the Public Utilities Department for the easement along the rear property fine, if required by the
Public Utilities Department.
3. That the property owner shat! obtain any necessary permits required by the Building Division.
4. That within a period of one (1) year from the date of this decision, Condition Nos. 2 and 3,
above-mentioned, shall be complied with. f~ctensions for further time to complete said conditions
may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
5. 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.
T#~is decision is made, signed, and entered into the file this 19th day of May 1994.-
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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 1515 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: May 19, 1994 ~u '~~~n-t''
Betty Preston
Sr._Office Specialist
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