Resolution-ZA 1996-27~~ ,,
t •
DECISION NO. ZA 96-27
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4294
OWNERS: Raymond and Connie Masciel
1127 West North Street
Anaheim, CA 92805
AGENT: Gary Masciel
P.O. Box 1241
Anaheim, CA 92803
LOCATION: 700 North East Street
CEQA STATUS: Negative Declaration
HEARING DATE5: September 12, 1996, continued from the meeting of August 15, 1996
OPPOSTfION: One person indicated her presence at the public hearing and spoke in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to establish atwo-lot, RS-7200 single-family
subdivision:
(a) Section 18.26.061.020 - Minimum lot width.
7(0 feet required; 20 feet proposed for Parcel No. 2),
(b) Section 18.26.061.010 - Minimum lot area.
7 2(.00 sg.ft. required; S.b40 sa.ft. proposed for Parcel No. 1)
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 is a special circumstance applicable to the property, consisting of its shape, which does not
apply to other identically caned properties in the vicinity, because the unique shape of subject property
precludes creating traditionally-shaped rectangular parcels that conform to the RS-7200 Zone
development standards for minimum lot size and minimum lot width for the proposed parcels;
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 surrounding neighborhood has
minimum b0-foot lot widths and minimum average lot areas of approximately 6,000 sq.ft. which do not
comply with existing site development standards;
3. That the lot width waiver is fora 20-foot wide driveway "panhandle" which will provide vehicular
access to both parcels from East Street;
4. .That the average size of the two proposed parcels is 8494 sq. ft. which exceeds the minimum
requirement (7200 sq.ft.); and
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5. That conceptual plans were submitted showing that the proposed parcels can be developed in
conformance with the RS-7200 Zone standards, including setbacks and required open space, with the
exception of the two waivers which pertain to parcel configuration.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waivers of minimum lot width and minimum lot area to establish atwo-lot, RS-7200
single-family. subdivision on property consisting of approximately 0.39 acre located on the east side of East
Street approximately 100 feet south of the centerline of Wilhelmina Street and further described as 700 North
East Street; and does hereby approve the Negative Declaration upon finding that she has considered the
Negative Declaration together with any comments received during the public review process and further finding
on the basis of the initial study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4294,
subject to the following conditions:
1. That prior to issuance of a building permit, the developer shall pay the Sewer Capacity Mitigation Fee
established for the Old Town/Basin 8 sewer deficiency area.
2. The subject property shall be developed 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.
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 19th day of September 1996.
a .San ti
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: September 19, 1996
za-v4294.wp
Danielle C. Masciel
Word Processing Operator
-page2of2-
ZA 96-27
~.. ' ~,
DECISION NO. ZA 96-27
OWNERS:
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4294
AGENT:
LOCATION: 700 North East Street
CEQA STATUS: Negative Declaration
HEARING DATES: September 12, 1996, continued from the meeting of August 15, 1996
OPPOSITION: One person indicated her presence at the public hearing and spoke in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to establish atwo-lot, RS-7200 single-family
subdivision:
(a) Section 18.26.061.020 - Minimum lot width.
70 feet required; 20 feet proposed for Parcel No. 2),
(b) Section 18.26.061.010 - Minimum lot area.
7 200 s .ft. required; 5.640 sa.ft, proposed for Parcel No. 1)
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 fmd:
1. That there is a special circumstance applicable to the property, consisting of its shape, which does not
apply to other identically caned properties in the vicinity, because the unique shape of subject property
precludes creating traditionally-shaped rectangular parcels that conform to the RS-7200 Zone
development standards for minimum lot size and minimum lot width for the proposed parcels;
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 surrounding neighborhood has
minimum 60-foot lot widths and minimum average lot areas of approximately 6,000 sq.ft. which do not
comply with existing site development standards;
3. That the lot width waiver is fora 20-foot wide driveway "panhandle" which will provide vehiculaz
access to both parcels from East Street;
Raymond and Connie Masciel
1127 West North Street
Anaheim, CA 92805
Gary Masciel
P.O. Box 1241
Anaheim, CA 92803
N
4. That the average size of the two proposed parcels is 8494 sq.ft. which exceeds the minimum
requirement (7200 sq.ft.); and
za-v4294.wp
- page 1 of 2 -
ZA 96-27
> v-f-
5. That conceptual plans were submitted showing that the proposed parcels can be developed in
conformance with the RS-7200 Zone standards, including setbacks and required open space, with the
exception of the two waivers which pertain to parcel configuration.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waivers of minimum lot width and minimum lot area to establish atwo-lot, RS-7200
single-family subdivision on property consisting of approximately 0.39 acre located on the east side of East
Street approximately 100 feet south of the centerline of Wilhelmina Street and further described as 700 North
East Street; and does hereby approve the Negative Declaration upon finding that she has considered the
Negative Declaration together with any comments received during the public review process and further finding
on the basis of the initial study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 4294,
subject to the following conditions:
1. That prior to issuance of a building permit, the developer shall pay the Sewer Capacity Mitigation Fee
established .for the Old Town/Basin 8 sewer deficiency area.
2. The subject property shall be developed 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.
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 requirennent.
This decision is made, signed, and entered into the file this 19th day of September 1996.
. San h
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: September 19, 1996
za-v4294.wp
Danielle C. Masciel
Word Processing Operator
-page2of2-
ZA 96-27