Resolution-ZA 1988-61
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-61
PETITION: VARIANCE NO. 3853 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS-5
DATE OF PUBLIC HEARING: October 6, 1988
OPPOSITION: No one indicated their presence in opposition at the public
hearing; and no correspondence in opposition was received.
OWNERS: VICTOR M. ALDANA AND ROSLYN ALDANA
2067-West Falmouth Avenue, Anaheim, CA 92801
LOCATION: 2067 West Falmouth Avenue
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.050 to retain an_existing patio cover:
SECTION 18.26.063.030 -Minimum rear_yard setback.
(10 feet required; 5 feet existing)
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 proposal is minimal because it consists of a patio roof without
any side walls (except on the side which is attached to the house) and
that the existing lot has a very shallow .rear yard;
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 retain an existing .patio cover with waiver of
minimum rear yard setback on a rectangularly-shaped parcel of land consisting
of approximately 0.13 acre, having a frontage of approximately 60 feet on the
north side of Falmouth Avenue, having a maximum depth of approximately 100
feet, being located approximately .2.13 feet west of the centerline of Holly
Street,. and further described as 2067 West Falmouth Avenue; 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.
ZA 88-61
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Variance No. 3853
..Based on-the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3853, subject to the, following conditions.:
1. That the existing structure .shall comply with-the minimum standards of
the City of Anaheim, including the Uniform Building, Electrical, and Fire
Codes as adopted by the City of Anaheim.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file. with the City of Anaheim marked Exhibit
No. 1.
3. That a building permit shall be obtained.
4. That prior to final building and zoning inspections, Condition Nos. 1 and
2, above-mentioned, shall be complied with.
5. 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 thirteenth day
of October, 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:
0131g
Pamela H. Starnes,. Executive Secretary
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ZA 88-61