Resolution-ZA 1997-30. • •
DECISION NO. ZA 97-30
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4328
OWNERS: Herbert R. and Shirley I, Dressler
1260 Monterey Street
Anaheim, CA 92801
LOCATION: 1260 North Montere~Street
HEARING DATE: December 4, 1997
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following~to construct a 690 sq.ft., 2-story room
addition to an existing 1,250 sq.ft., 1-story single-family dwelling:
.Sections 18.12.060.050 - Minimum rear ,yard setback.
and 18.26.063.030 10 feet permitted; 7 feet 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 the waiver is hereby approved because it is minimal, amounting to only 3 feet less than
required by Code; that the 3-foot encroachment into the required 10-foot rear yard occupies
only a portion of that yard; and that an exceptionally large.l8-foot side yard provides open
space exceeding what is required for a typical rear yard in the RS-7,200 Zone;
2. That there is a special circumstance applicable to .the property.. consisting of the placement of
the existing house on the lot, which do not apply to other identically zoned properties in the
vicinity; and
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 FINDINGS: That the Zoning Administrator
has reviewed the proposal for waiver of minimum rear yard setback to construct a 690 sq.ft., 2-story
room addition to an existing 1,250 sq.ft., 1-story single family dwelling on a 0.15 acre rectangularly
shaped lot having a frontage of 63 feet on the east side of Monterey Street, a maximum depth of 101
feet, being located 597 feet north of the centerline of Grayson Avenue, and further described as 1260
North Monterey Street; and that the Planning Director or his authorized representative has
determined that the proposed project. is Categorically Exempt, Class 3, under the State of California
Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4328, subject to the following conditions:
That any windows in the second story facing east shall be placed at a minimum height of four
and one-half (4'h) feet above the second story floor. Plans submitted for building permits
shall specify this window placement.
2. That prior to final building and zoning inspections, 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, and as conditioned herein.
3. That prior to issuance of a building permit or within a period of (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 accordance with
Section 18.031.090 of the Anaheim Municipal Code.
4. 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 l lth, day of December, 1997.
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.
l
Annika .Santa ahtr
Zoning Administrator
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 11, 1997
.Patricia Koral
Word Processing Operator
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