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Resolution-ZA 2002-04.: ,.._3::.. _ ;~ DECI51ON NO. ZA 2001-04 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2001-04473 OWNER: David Linskens 370 5. Timken Anaheim, CA 92808 AGENT: David Linskens 3156 E. La Palma Avenue, Ste. J Anaheim, CA 92806 LOCATION: 370 South Timken Road HEARING DATE: January 10, 2002 OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and that no correspondence in opposition proposal was received. REQUEST: Petitience wth an a#tached garagelin the rear:onstruct a new one-story single-family resid Sections 18.12.060.050 - Minimum rear vard setback. and 18.23.063:030 (25 feet required in the RS-HS-22,000(SC) Zone; 9 to 25 feet proposed) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 1 held~on~heodate'se forth bove,fl do he ebytfind: and a public hearing having been duly noticed for and 1. That the waiver, minimum rear yard setback, is hereby approved on the basis thath t the are special circumstances applicable to this property consisting of its shape and the topography; extreme grade elevation change from the street restricts development of this property. 2. That strict application of .the Zoning Code would deprive this owner of privileges that are enjoyed by other property owners who have been granted waivers of rear yard setback requirements in surrounding neighborhoods. CALIFORNIA ENVIRONMENTAL Qhe Leo used project is Cat goncaelfy Exempt Class~3~as defined fined representative has determined that t p p the State of California Environmental Quality Act (CEQA) .Guidelines and is, therefore, categorically exempt from the requirement to prepare an environmental impact report. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2001-04473, subject to the fofiowing 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 through 3, and as conditioned herein. -1 of 3 - ZA 2002-04473 V2001-04473.doc ~. 2. That prior to issuance of a building permit or within a period of fine (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1 and 2, 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 ~ State and Federal it complies with the Anaheim Municipal Zoning Code and any other applicable Ci , 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 14~"day of January, 2002. Annika M. Santalahti, Zoning A ministrator ~\ /,. NOTICE: This decision shalt 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:' January 14, 2002 V2001-04473.doc Patricia Koral, Sr. W rd Processing Operator -2of3- ZA 2002-04473