ZA 2008/02/28ANAHEIM ZONIMG ADMINISTRATOR
AGENDA
THURSDAY, FEBRUARY 28, 2008 - 11:00 A.M.
Buildi~g Conference Room, City Hall East
200 South Anaheim Boulevard, Anaheim, California
Procedure to Expedite Meetinp:
The proponents for conditional use permit, variance, administrative use permit, administrative
adjustment and tentative parcel map applications which are not contested will have 5 minutes to
present their evidence. In contested applications, the proponent(s) and opponent(s) will each have
10 minutes to present their case unless additional time is requested and the complexity of the
matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal.
Before speaking, please give your name and address and spell your name.
Staff Reports are part of the evidence received by the Zoning Administrator at each hearing.
Copies are available to the public prior to and during the meeting.
The Zoning Administrator reserves the right to deviate from the foregoi~g if, in the Administrator's
opinion, the ends of fairness to all concerned will be served.
All documents presented to the Zoning Administrator for review in connection with any hearing,
inciuding photographs or other acceptable visual representations of non-documentary evidence,
shall be retained by the City of Anaheim for the public record and shall be availabie for public
inspection.
The action taken by the Zoning Administrator on this date regarding conditionai use permits,
variances and administrative adjustments is finat unless, within 15 days of the Zoning
Administrators written decision being placed in the U.S. Mail, an appeal is filed. Any action taken
regarding administrative use permits is final unless, within 22 days of the Zoning Administrator's
written decision being placed in the U.S. Mail, an appeal is filed. Any action taken regarding
tentative parcel maps or special circumstance waivers is final unless, within 10 days of the Zoning
Administrators written decision being placed in the U:S. Meil, an appeal is filed. Such appeal shall
be made at any time following the public meeting and prior to the conclusion of the appeal period.
An appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in the
amount of $350.00. The City Clerk, upon filing of such an appeal, will set said application for public
hearing before the City Council at the earliest possible date. You will be notified by the City Clerk
of said hearing.
Before the scheduled public hearings and any other applications on the agenda, members of the
public will be allowed to speak on items of interest under "Items of Public Interest." Such items
must be within the jurisdiction of the Zoning Administrator. Each speaker will be ailotted a
maximum of 3 minutes to speak. Before speaking, please give your name and address and spell
your last name.
ZA022808.DOC
FEBRUARY 28, 2008
ZONING ADMINISTRATOR AGENDA
1. ITEMS OF PUBLIC INTERESTt
Minutes
2. Receiving and approving the Minutes from the Zoning Administrator
Meeti~g of February 14, 2008.
Public Hearina items:
3a. CEQA CATEGORICAL EXEMPTION - CLASS 3
3b. VARIANCE NO. 2008-04746
OWNER: Raymond Levert
5835 Vista Del Mar
Yorba Linda, CA 92887
APPLICANT: Eugene Levert
5352 Richmond Avenue
Garden Grove, CA 92845
LOCATION: 1008 West Water Street: Property is approximately 0.26 acre,
having a frontage of 95 feet and a maximum depth of 214 feet
and is located at the intersection of West Street and Water
Street.
Request waiver of minimum front yard setback to construct a new 2-story
residence and detached garage.
ZONING ADRflINISTRATOR RESOLUTION NO.
15-day appeal period
Projecf Planner. Dave See
(dsee@anaheim.nef)
Page 2
zaozzaoa
FEBRUARY 28, 2008
ZONING ADMINISTRATOR AGENDA
CERTIFICATION OF POSTING
1 hereby certify that a complete copy of this agenda was posted at I: I 5 p m a~ -o~ I- 08 .
Location: COUNCIL CHAMBER DISPLAY CASE AND (TIME) (DATE)'
OUTSIDE DISPLAY KIOSK
SIGNED: ~ /yG~'u'°
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or a written
correspondence delivered to the Zoning Administrator or City Council at prior to, the public hearing.
In compliance with the American With Disability Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the
meeting wiil enable the Ciry to make reasonable arrangements to ensure accessibility to this meeting.
Page 3
ZA022808
FEBRUARY 28, 2008
ZONING ADMINISTRATOR AGENDA
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2~~8
3/13/08
3/27/OS
04/10/08
Remaining dates will be forthcoming.
Page 4
ZA022808
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Subject Property
" Date: February 28, 2008
Variance No. 2008-04746
1008 West Water Street
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RESOLUTION N0. ZA2008-*'k*
t~'~"~'ACH1VgEl~'I' I~~. 1
A RESOLUTION OF THE ANAFIEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2008-04746
BE GRANTED (lOQ8 WEST WATER STREET)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
Califomia, described as:
LOT 1 OF TRACT NO. 87401 IN THE CITY OF ANAHEIM, COUNTY OF
OItANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
WHEREAS, the Zoning Adzninistrator did hold a public heazing at the Civic
Center in the City of Anaheim on February 28, 2008, at 11:00 a.m., norice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed
vaziance and to investigate and make findings and recommendations in connection therewith;
and
WIIEREAS, said Zoning Administratpr, after due inspection, investigation and
study made by itself and in its behalf, and after due consideration of all evidence and reports
offered at said heazing, does find and determine the following facts:
1. That the petitioner requests waiver of the following to construct a 2-story single
family residence and detached garage:
(a) SECTION NO. 18:04.100.010 Minunum front vazd setback.
(25 feet required; 15 feet proposed)
Z. That special circumstances apply to the subject property because the triangulaz
shape of the property and the 20-foot wide easement significantly restricts the amount of
buildable azea on the property; therefore, there are special circumstances that apply to the subject
property due to the irregulaz shape of the properry and minimal buildable area as compazed to
other properties in the neighborhood.
3. That strict application of the Zoning Code would deprive the properiy of
privileges enjoyed by other properties with identicai zoning in the vicinity since most properties
in the neighborhood have a rectangular shape and adequate lot azea to accommodate a single
family home.
4. That *** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
- 1 - 2008-***
CALIFORNI.A ENVIRONMENTAL OUALITY ACT FINDING: Planning staff
lias determined thaf the proposed project falls within the definition of Categorical Exemptions, _
Seciion i~303, Class 3(New Construction or Conversion of Small Structures), as defined in the
State CEQA Guidelines and is, therefore, exetnpt from the requirement to prepare additional
environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Variance, upon the following conditions
which aze hereby found to be a necessazy prerequisite to the proposed use of the subject property
in order to preserve the health and safety of the Citizens of the City of Anaheim:
Iiesponsible for
COA Conditions of Approval Nionitoring
PRIOR TQ I~SU~YCE OFA BIlILDfNG.PERI~IT.,
COA 1 That plans shall show eonformance with the current version of Engineering Planning, Public
Standazd Detail 1 l4 pertaining to driveway design to the satisfaction of the City Works-Traffic
Engineer.
GEIVERA L ' ~ '° `
That subject property shall be developed substantially in accordance with plans
COA 2 and specifications submitted to the City of Anaheim by project applicant and
Planning
which plans aze on ~le with the Planning Deparhnent mazked Exhibit Nos. 1 and
2 of Variance No. 2008-04746, and as conditioned herein.
That approval of this application constitutes approval of the proposed request
COA 3 only to the extent that it complies with the Anaheim Municipal Zoning Code and
any other appiicable City, State and Federal regulations. Approval does not Planning
include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Zoning Administrator does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and ali of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declazed invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
chazges related to the processing of this discretionary case applicadon within 15 days of the
issuance of the fmal invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all chazges shall result in delays in the issu~nce of required
permits or the revocation of the approval of this application.
- 2 - 2008-***
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator
nleeting of February 2R> 2008. Said resolution is subject to the appeal provisions set forth in
Chapter 15.60, "Zoning Provisions - General" of the Anaheim Municipal Code pertainine Yo
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
ANAHEIM ZONING ADMINISTRATOR
ATTEST:
SR. SECRETARY, ANAHEIM ZONING ADD4INISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Elly Morris, Senior Secretary of the Anaheim Zoning Administrator, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning
Administrator held on Februazy 28, ?008.
IN WI'I'NESS WHEREOF, I have hereunto set my hand this day of
, 2008.
SR. SECRETARY, ANAHEIM ZONING ADMINISTRATOR
- 3 - 2008-***
SECTIOtd 4
ATTACHIVIENT NO. 2
PETTTIQNER'S STATEA4ENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REOUIRED POR PARKING WAI~'ER)
. , .._.
RLQU~ST FOR WAIVER OF CODE SECTION: ~~•`° ``~" ~ r~ Q
(A separate s[atement is reqUired for each Code waiver)
PERTAIIVINGTO: ~'fl~~' h, ~k"~.r.~" .~ r~ i'a•~-~3ss~
Sections 18.03.O40.030 and I$.12.060 of the Anaheim ~4unicipal Coderequue that bef'ore any variance or Code waiver may be
granted by the Zoning AdminisUalor or Planning Commission, the following shall be shown:
That there are special circuwsiances applicable lo tbe propertg including size, shape, topography, location or
surrouudings, which do noi apgly to odier property under idenfic¢( zoning clessification i~i tl~e viciniry; and
2. That, because of such special ciroumstances, shict applica6on of the zoning code deprives the property of pnvileges
enjoyed by oUier property under idenrical zoning classificarion in the vicinity.
In order to detennine if such special cucuinstances exist, and tD assist the Zoning Administrator or Planning Commission to
nmve at a decision, please answer ench of the £ollowing questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need udditional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, loca6on or
surroundings?,[Yes _No.
1~ f ~
is "Yes," describe dte special
~n ! a ~ r..• :,,, ~ ~ -I-
2. Are the special circumstances that apply to the property different from other properties in the viciuity which are in the
same zone as your propert~? ~ Yes _ No
If your answer is "yes," desczibe howJ$e property is different: ~j.s ~/f'/ ~~ ~('~~g u ~a2 ~~~f ~
3. Do the special circmnstances applicable to tbe proper deprive it of privileges cunenUy enjoyed by neighboring
properties located within the same zone? _Yes No
lf your answer if"yes," describe the special cirwmstances:
4. Were the special circumstences created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
EXPLAIN:
.~
The sole purpose oF any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of gcanting a special privilege not shaz~ed by otheE properiy in the same vicinity and zone
whicU is n-oihenvise express a~'iorized by zone regulatioos governing subject property, Use variances are not permitted. -
~ ~ ,~ -" i~ ~~~- ~ -~
S' re of Property Ow or Authorized Agent Date
CONDIT[ONAL USE PERMITNARIANCE NO.
3762SDECIMBER 12, 2000
ATTACHMENT NO. 3
December 10, 2007
City of Anaheim
200 South Anaheim Bouleuazd
Anaheim, Ca 92805
Re: LE'!'ER ~T OP~d2A'd'ION
To Whom It May Concem:
This letter is to comply with orders of operation for Assessor's Parcel Number D36-
251-O1, 036-251-18, 036-251-20, and 036-251-20. Properiy owner is Raymond Levert at
5835 Vista Del Mar, Yorba Linda, Ca 28R7. Authorized Agent is Eugene Levert at 5352
Richmond Avenue, Gazden Grove, Ca 92845.
V/e are proposing to build a new two story 2,000 sq, ft. single family residence on a
vacant lot located in the City of Anaheim. This residence is in RS2 Zone.
The vacant land pazcel is 10,634 sq. ft. and is irregulaz shaped. The lot has a 20'
easement which runs along the entire length of the property. The current required
setback is 25'. At tlus time and because of the easement and irregulaz sttape of the lot,
we would like to request a setback of 15' in order to creafe a better building envelope for
the proposed residence.
Should you have any Further questions or need other informafion please do not hesitate
to contact Eugene Levert at 310-779-3981. Thank you.
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