Resolution-ZA 1988-29•
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-29
PETITION NO.: VARIANCE N0. 3795 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS-5
DATE OF PUBLIC HEARING: May 19, 1988
OPPOSITION: No one indicated their presence at the public hearing and no
correspondence was received.
OWNER: FRITZ ROHNER AND THERESA G. ROHNER, 411 S. Mohler Drive, Anaheim,
CA 92807
LOCATION: 411 S. Mohler Drive
REQUEST: Petitioner requests waiver of the following under authority Code
Section 10.12.060.050 to construct an approximately 528 square-foot
two-story addition to an existing single-family residence:
SECTION 18.23.063.020 - Minimum Sideyard Setback.
(10 feet required; 7 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, I do hereby find:
1. That the request is minimal, amounting to less than 10 linear feet of one
corner of a building encroaching into the required setback;
2. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity; and
3. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties. in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the .Zoning Administrator
has reviewed the proposal to construct an approximately 528 square-foot
two-story addition to an existing single-family residence on. an
irregularly-.shaped parcel of land consisting of approximately 0.71 acre
located at the southwest corner of Corto Road and Mohler Drive having
approximate frontages of 200 feet on the south side of Corto Road and 210 feet
on the west side of Mohler Drive and further described as 411 S. Mohler Drive;
and that the Planning Director or his authorized representative has determined
that the proposed project falls within the definition of Categorical
Exemptions, Class 5, as defined in the State EIR Guidelines and is, therefore,
categorically exempt from the requirement to prepare an EIR.
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Page 2
Variance No. 3795
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Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3795, subject to the following conditions
1. That a perpetual easement agreement for a strip of land 10 feet wide for
hiking and equestrian trail purposes located in the northern portion of
subject property shall be submitted to the City Attorney's Office for
review and approval. The approved agreement shall then be filed and
recorded in the Office of the Orange County Recorder. Proof of said
recordation shall then be submitted to the Zoning Division.
2. That subject property shall be served by underground utilities.
3. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
no roof-mounted equipment, whatsoever, shall be permitted.
4. That subject property sha1T be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 and 2.
5. That prior toyissuance of a building permit, or within'a period of one
year from the date of this decision, whichever occurs first, Condition
No. 1, above-mentioned, shall be complied with. Extensions for further
time to complete said conditions may be granted in accordance with
Section_18.03.090 of the Anaheim Municipal Code:...:.
6. -That prior to final building and zoning inspections, Condition Nos. 2 and
4, above-mentioned, shall be .complied with.
7. That .approval of thi 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 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 twenty-sixth day
of May, 1988. ~ ~,c
Annika M. Santalahti
Zoning Administrator....
2 ZA 88-29
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Page 3
Variance No. 3795
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 a
member of the City Council shall request to review this decision within said
15 days.
DECLARATION OF SERVICE BY MAIL: I do 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.
DATED: / O
Pamela H. Starnes, Senior Secretary
00398
3 ZA 88-29