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Resolution-ZA 2009-3RESOLUTION NO. ZA2009-3 A RESOLUTION OF THE ANAHEIM ZONING ADMINISTRATOR DENYING A CEQA CATEGORICAL EXEMPTION CLASS 1 AND DENYING VARIANCE NO. 2009-04780 (871 NORTH REDONDO DRIVE WEST) WHEREAS, the .Analieim Zoning Administrator did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of Califoniia shown on Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the petitioner requests waiver of minimum rear yard setback requirements to retain an existing detached pool house with a rear yard setback less than required by Code; and WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 2009, at 9:30 a.m., notice 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 "Procedures", fo hear and consider evidence for and against said proposed variance and to investigate and make fndings and recommendations in connection therewith; and WHEREAS, said Zoning Administrator, 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 hearing, does find and determine the following facts: 1. That the applicant requests waiver of the following to retain an existing detached pool house: SECTION NO. 18.04.100 Minimum rear vard setback (35 feet required for a triangular or gore-shaped lot; 5 feet proposed) 2. TUat tUe requested waiver is hereby denied because there are no special circumstances applicable to the property, including size, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity to justify the rear yard setback waiver request. The unique shape of the property does not prevent development ofa pool house in compliance with development standards. The property is large and flat and tliere is approximately 85 feet between the existing pool and the 35 foot rear setback line, and a minimum of 65 feet between tl~e pool and the location where the power lines bisect tlie property. The back yard is adequate in size and shape to accommodate an accessory pool l~ouse without the need for a variance. 3. That no one indicated their presence at the public hearing in opposition; and that no correspondence was received in opposltion to tl~e subject request. _1- ZA2009-3 WHEREAS, the proposed project falls within the definition oFCategorical Exemptions, Section 15301, Class 1(Existing Facilities), as defined in the State CEQA Guidelines and is, thereFore, exempt from the requirement to prepare additional environmentai documentation. NOW, THEREFORE, BE IT RESOLVED Wat the Anaheim Zoning Administrator does hereby deny Variance No. 2009-04780. BE IT FURTHER RESOLVED that approval of this application constitutes approval of the proposed request only to the extent that it complies witU the Anal~eim Municipal Zoning Code and any othar 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. . BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case applieation within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of tl~e approval of this application. THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of June 25, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of tlie Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Councii Resolution in the event of an appeal, i ~ ~/,~~-~--~-=~ ' ANAHEIM ZONING ADMINISTRATOR ATTEST: SECRETARY, ANAHEIM ZONING ADMINISTRATOR STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of tl~e Anaheim Zoning Administrator, do hereby certify that tl~e foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on June 25, 2009. IN WITNESS WHEREOF, I have hereunto set my hand this 25'h day of June, 2009. iL~!C~~---- /~'L-~-~--- SECRETARY, ANAHEIM ZONING ADMINISTRATOR -2- ZA2009-3 E~H~BIT "A" VARIANCE NO. 2009-04780 10776 -3- ZA2009-3 ` _ p1~~ Source: Recorded Tract Maps andbr City GIS. F,,,,i Please nole the accuracy is +/- two to five feel.