Resolution-ZA 1988-631 5
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-63
- PETITION:` .VARIANCE N0. 3866 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: November l7, 1988
OPPOSITION: No one indicated their presence at the public hearing and no
correspondence was received.
OWNER JOHN G. and SUZETTE-M. MC GRAIL
822 Cottonwood Circle, Anaheim, CA 92805
LOCATION: 822 Cottonwood Circle
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.050:
SECTIONS 18.01."130 - Minimum structural setback.
18.25.063.021 (.12.5 foot side"yard required for
and 18c26.063.020 reverse corner lot; 4-6.5 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 the proposal is minimal because is consists of a patio cover with no
sides (except where it ,joins the house) and it is located more than
21 feet away from' the adjacent neighbor's driveway ,so there is no unsafe
visual obstruction-between the public sidewalk and-said driveway;
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; he proposal for waiver of minimum. structural setback to retain a
patio .cover on an irregularly-shaped parcel of land consisting of
approximately` 6,678 square feet located approximately 250 feet west of the
centerline of Citron Street, having a frontage of approximately 48 feet on the
south side of Cottonwood Circle and further described as 822 Cottonwood
Circle; 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.
Page 2
Variance No. 3866
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3866, subject to the following conditions:
1. That sidewalks shall be repaired along Cottonwood Circle as required by the
City Engineer and in accordance with standard, plans and specifications on
file in the Office of the City Engineer.
2. That subject property shall be developed substantially in accordance with
plan§ and specifications on file with the City of Anaheim marked Exhibit
Nos. 1`through 4.
3. That Condition No. 1, above-mentioned, shall be completed within a period
of ninety (90) days from the date of this decision.
4. That prior. to final building and zoning inspections, Condition No. 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 twenty-third day
of November., 1988. ..-y~
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:, November 23, 1988 //- ~i~ ~~1/ •~ _
Pamela H. Starnes, Executive Secretary
0143g 2 ZA 88-63