Resolution-ZA 2004-32! 4
DECISION NO. ZA 2004-32
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2004-04628
OWNER: Joan Harris
4711 East Astoria Circle
Anaheim, CA 92807
LOCATION: 4711 East Astoria Circle
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: September 2, 2004
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Waivers of the following to construct a 1,060 square foot addition to an existing single-
family residence in the RS-2(SC) (Residential, Single-Family -Scenic Corridor Overlay)
Zone:
(a) Sections 18.04.090.010 - Maximum lot coverage.
and 18.74.040.020.0208 40% permitted; 42% proposed)
(b) ,Sections 18.04.100.010.0101 - Minimum front vard setback.
and 18.74.040.020.0205 25 feet required; 12 feet proposed)
Having .been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.60.020 (Establishment of Zoning Administrator Position), 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 waiver (a), maximum lot coverage, is approved because the proposed deviation from
the Code requirement is minimal consisting of only 2% or 175 sq.ft. more coverage than permitted by the
Zoning Code.
2. That waiver (b), minimum front yard setback, is approved on the basis that strict application
of the Zoning Code would deprive the property of privileges enjoyed by neighboring residences because
the proposed 12-foot setback matches the existing garage (which has a 12-foot setback) and the addition
is between the existing garage and the east side property line.
3. That there are special circumstances applicable to the subject property because this
property is irregularly-shaped and is located on a corner lot having an existing nonconforming setback
thereby limiting the ability of the property owner to add square footage to the existing house.
4. That as indicated in paragraph (11) of the Staff Report to the Zoning Administrator dated
September 2, 2004, the proposed front setback for this garage expansion complies with the requirements
of Section 18.56.040 (Nonconforming Structures) of the Zoning Code in that the proposed addition is one
story as specified by Code, that the proposed 160 sq.ft area encroaching into the required 25-foot front
yard is less than the 200 sq.ft. specified by Code and amounts to only 8% of the existing dwelling floor
area which is less than the maximum 25% permitted by Code; and that the addition including the roof will
be compatible with the architecture and materials of the existing dwelling and will not create an adverse
impact on adjacent.. property and the surrounding single-family neighborhood as specified by Code.
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• •
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2004-04628, subject to the following conditions:
1. That the subject property shall be developed substantially in accordance with the plan and
specifications submitted to the City of Anaheim by the petitioner and which plan is on file with the
Planning Department marked Exhibit No. 1.
2. That within a period of one (1) year from the date of this Decision, the appropriate building permit(s)
shall be obtained from the City of Anaheim. Extensions for further time to complete this condition
may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions
of Approval) of the Anaheim Municipal Code.
3. 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 9th day of September 2004.
Annika M. Santala ti, 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.
DECLARATION OF SERVICE BY MAIL: Ida 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: September 9, 2004 ~ t~l~ - 1 "t~~
Danielle C. Masciel, Word Processing Operator J
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