Resolution-ZA 2002-26
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DECISION NO. ZA 2002-26
A DECISION OF THE ZONING ADMINISTRATOR
.APPROVING VARIANCE N0.2002-04520
.OWNER: Bruce A IGmbrell
189 West Elm Avenue
Anaheim,'CA 92804
LOCATION: 1869 West Elm Avenue
CEQA STATUS: CEQA Categorical Exemption; Class 1
HEARING DATE: August 8, 2002
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no. correspondence in opposition was'received.
REQUEST: Petitioner requests waiver of the foilowing to construct an addition which encroaches
into the required side yard setback of an existing single-family residence on a reversed
. .comer lot in the RS-7200 (Residential, Single-Family) Zone:
Sections 18.12A60.050 - Minimum side yard setback.
and 18.26.063.021 12.5 feet required; 5 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, ! do hereby find:
1. -That this variance is approved on the basis that there are special circums#ances applicable to
this property pertaining to the odd shape and orientation of the residence on the property, which makes it
difficult for the property owner to comply with Code development standards.
2. That the adjacent residence on Nina Place will not be adversely impacted as a consequence of
this side yard setback waiver because an appropriate line-of--sight will be maintained along Nina Place
between the proposed addition and the neighbor's driveway.
3. That approval of the reques#ed side yard setback wilt not have an adverse impact on the
charac#e~ of the surrounding single-family residential neighborhood.
4. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity because other properties in the neighborhood
currently enjoy a street side yard setback of 5 feet.
Based on the evidence and testimony,,presented tome, ! do hereby determine to approve Variance No.
2002-04520, subject to the foilowing 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 No.1, and as conditioned herein.
2. That due to vehicular and pedestrian safety concerns along Nina Place and aesthetic issues, no new
wall or fence shall be constructed along the east property line of subject property along Nina Place.
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~; 3. ` ,That within a period. of one ~1) year frbrri file tlate of this Decision, the appropriate permits shall be
obtained.foc the :proposed addition from the Building. Division. Extensions for further time to complete
this condition may be granted in accordance with Secction 18.03.090 of the Anaheim Municipal Code.
4. That approval ofi.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 compl"~ance or approval of the
• request regarding any other applicable ordinance, regulation or requirement.
This decision is made; signed, and entered into the file this 15~' day of August, 2002.
~~
Annika M. Santalahti, Zoning Administrator
NOTICE:' This decision shall t3ecome final unless ari 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 decisior, or
• unless members of the City Council shall request to review this decision within said 15 days.
DECLARATION OF SER1lICE.SY MAIL: I do hereby declare under penalty-of perjury that on the date set
forth below; t did deposit, in the lJnited States Mail; a copy of the decision to the appl'scant and did forward
a copy.to the City Clerk.
DATE: August 15', 2002 C ~ ' ~ ` ~- t ~~~`~-
Patricia Koral, Senior Word Processing Operator t
~•`•.
ZA 2002-26
NlEi1~ORANDUIIfl
City of Anaheim
Planning Department
DATE: AUGUST 12, 2002
TO: CITY OF ANAHEIM PLANNING COMMISSION
FROM: ANNIKA SANTALAHTI, ZONING ADMINISTRATOR
SUBJECT: VARIANCE NO. 2002-04521 -REQUEST TO PERMIT AND
RETAIN EXISTING UNPERMITTED 5.5-FOOT HIGH BLOCK
WALL PILASTERS AND WROUGHT IRON PANELS WITHIN THE
REQUIRED FRONT YARD SETBACK OF A SINGLE FAMILY
RESIDENCE
Pursuant to Anaheim Municipal Code Section 18.12.090, which states in part:
"The Zoning Administrator may refer any petition made pursuant to this chapter
to the Planning Commission when the Zoning Administrator determines that the
general public interest warrants such referral. In such instances, said
proceedings by the Planning Commission shall be held in the manner otherwise
required without regard to this chapter. Ord. 4785 § 1 (part); December 16, 1986:
Ord. 5329 § 13; August 25, 1992: Ord. 5395 § 12; September 28, 1993.)"
I hereby refer the above-referenced petition to the Planning Commission for
review and consideration.
~~2~~ ~~;~.~~4
Annika Santalahti
Zoning Administrator
Cc: Joel Fick, Executive Director of Planning and Community Development
Greg Hastings, Zoning Division Manager
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