Resolution-ZA 1988-38l r
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-38
PETITION NO.: VARIANCE N0. 3795 CEQA 5TATUS: CATEGORICAL EXEMPTION. CLASS 5
DATE OF PUBLIC HEARING: June 30, 1988, readvertised
OPPOSITION: No one indicated their presence in opposition and no correspondence
was received.
OWNER: FRITZ ROHNER AND TERESA G. ROHNER
411 S. Mohler Drive, Anaheim, CA 92807
LOCATION: 411 South Mohler Drive-
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct an approximately 528 square-foot,
2-story, addition to an existing single-family residence.
SECTION 18.-23.063.020 - Minimum Sideyard Setback.
(l0 feet required; 5 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 this waiver was previously approved on May 26, 1988, for a minimum
7-foot sideyard in connection with Zoning Administrator Decision ZA 88-29,
and that a 5-foot waiver request was actually the intent of the petitioner.
2. That a second public notice was given and another_,public hearing was held on
June 30, 1988, in connection with the modified request.
3. .That the modified ..request is'minimal, amounting to less than 13 linear feet
of one corner of the addition encroaching into the required setback.
4. That there are"special circumstances applicable to-the. property such as size,
shape, topography, location or surroundings, which do nat apply to other
identically `zoned properties in the vicinity; and
5. 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 OUAI,ITY ACT FINDING: That the Zoning Administrator has
reviewed the modified proposal for waiver of minimum Sideyard setback to construct
an approximately 528 square-foot, 2-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 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
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 the .legal property owner shall make an irrevocable offer of dedication
.for a ten (10) foot wide riding and hiking trail, easement as shown on the
Equestrian and Hiking Trails Component of .the Anaheim General Plan and as
approved by the Parks, Recreation and Community Services Department. A copy
of the offer of dedication shall be submitted to the Planning Department.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit Nos.
1 and 2; provided, however, that the minimum sideyard building setback shall
be five (5) feet.
3. That, as specificed in Anaheim Municipal Code Section 18.84.042.012, no
roof-mounted equipment, whatsoever, shall be permitted.
4. That prior to issuance 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 conditians may be granted in accordance with Section 18.03.090
of the Anaheim Municipal Code.
5. That prior to final building and zoning inspections, Condition No. 2,
above-mentioned, shall be complied with.
6. 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 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 seventh day of July,
1988.
Annika M. Santalahti
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: 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: July 7, 1988
Pamela H. Starnes, Senior Secretary
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2 ZA 88-38