Resolution-ZA 2004-19• •
DECISION N0. ZA 2004-19
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2004-04613
OWNER: Edward K. Hoffman
230 South Willowcreek Lane
Anaheim, CA 92808
LOCATION: 230 South Willowcreek Lane
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: July 8, 2004 ,
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Waiver of the following to construct a family room addition to the rear of an existing
single family residence: ' '-
Sections 18.12.060.050. ,,.. - Minimum rear yard setback.
and 18.23.063:030 (25 feet required; 16 feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.12.040 (Authority and. Duties), to decide the above-referenced petition and a public
hearing having been duly noticed for and held on the date set forth above, f do hereby find:
1. That there are special circumstances applicable to the property consisting of its shape,
location and numerous drainage easements at the front of the property which prevent the property from
being developed with a room addition similar to other residences in the surrounding neighborhood; .that
the rear property line (to the northeast) and the side property line (to the northwest) adjoin non-residential
uses (EI Rancho Junior High School and a City of Anaheim electrical substation) which are not impacted
by the proposed addition; that the proposed addition is located more than 50 feet from the side property
line which adjoins residentially zoned property to the southeast; and, further, that the proposed room
addition is at a lower elevation than the neighbor's residence and will not effect any views.
2. That strict application of the. Zoning Code would deprive this property of privileges enjoyed
by other properties in identical zoning classification in the vicinity that have been granted rear yard setback
waivers.
3. That this Variance No. 2004=04613 was submitted to the Planning Department and was
deemed complete on June 1, 2004 prior to the effective date of Ordinance No. 5920 which was adopted
by the City Council on June 8, 2004 to amend Title.18 "Zoning" of the Anaheim Municipal Code in its
entirety; and that submittal and approval of this variance complies with paragraph (d) of Section 5 of said
ordinance which specifies that nothing contained in Ordinance No. 5920 shah apply to any project that has
submitted any zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel
Map, Tentative Tract Map, Variance,. etc.) to the Planning Department and which submittal is deemed
complete by staff as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be
permitted provided that the proposal is approved or conditionally approved. by the Zoning Administrator;
and that such project shall have commenced within the time limitation specified in the Decision approved
by the Zoning Administrator, unless said time period is duly extended by the approval authority; and if a
building permit is required, construction shall have. commenced and shall be completed within a period of
365 days from the date the building permit is issued, unless said time period is duly extended by the
Building Official
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-
04613, subject to the following conditions:.
1. That within a period of one (1) year from the' date of this Decision, a building permit for this proposal shall
have been obtained from the Building Division of the City of Anaheim. Extensions for further time to
complete this condition may be granted in accordance with Section 18.03.090 (Time Limit for
Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative
Adjustments) of the Anaheim Municipal Code.
2. 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.
3. That prior to issuance of a certificate of 'occupancy or final building and zoning inspections, whichever
occurs first, Condition No. 2, above-mentioned, shall be complied with.
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 15th day of July, 2004.
w
Annika M. Santa ahti, Zoning dministrator
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.
DECLARATION OF SERVICE BY MAIL: I do hereby declare under pena{ty 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: July 15, 2004 ~~IJI,t ~1~te- ~• ivl.G~U
Danielle C. Masciel, Word Processing Operator t ~""G
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