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Resolution-ZA 1999-32DECISION NO. ZA 99-32 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.4372 OWNER: .David W. Anderson 215 South Remington Court Anaheim, CA 92807 AGENT: The George Phillip Group 115 South Olive Street Orange, CA 92866 LOCATION: 215 South Remington Court CEQA STATUS: Categorical Exemption -Class 3 HEARING'DATE: August 12, 1999 , REQUEST: -The petitioner requests waiver of the following under authority of Code Section 18.92.060.050 to construct a patio cover in the side and rear yard setback areas of an existing single-family residence: (a) Section 18.23.063.020 Minimum side yard setback. 10 feet required in the RS-HS-22,000(SC) zone; 3 to 6 feet proposed) (b) Section 18.23.063.030 Minimum rear yard setback. 25 feet required; 9 to 25 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 there are special circumstances .applicable to the. property consisting of its size and shape, which do not. apply to other identically zoned properties. in the vicinity, because this property is smaller than`othersimilarly-zoned lots in the area; .and that the rear property line is an inverted "V" and the,distance between. that property line and the proposed patio cover is typically about 20 feet with the shortest distances being 9 feet and 15 feet' at the comers. 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 the proposed patio cover is not solid,: resulting in about 50% shade underneath; and that . 4. That no one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. Based on the evidence and testimony presented tome, I do herebydetermine to approve Variance No. 4372, 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 Nos. 1 and 2, and as conditioned .herein.. V4372.doc -1 of 2 - ZA 99-32 2. That the appropriate permit(s) shall be obtained from the Building Division. 3. 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 Nos. 1 and 2, above-mentioned, shall be complied with. Extensions for further time to complete said condition may be granted in accordance with Section 18.030090. 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 19th day of August 1999. ~~~~ ~~~ . Annika M. Santalahti 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 days 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. DEClr0.RATION 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 forwani a copy to fhe City Clertc. DATE: August-19,1.999 ~~ ~ "' ~e ' "`~c~U Danielle Mascie( Word Processing Operator V4372.doc - 2 of 2 - ZA 99-32