Resolution-ZA 1991-07• ~
DECISION OF THE ZONING ADMINISTRATOR NO. ZA 91-07
PETITION: VARIANCE NO. 4110
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: February 7, 1991
OWNER: DAVID ALLEN and REON BOYDSTUN YOUNGS
519 North Pine Way, Anaheim CA 92805
LOCATION: 519 North Pine Wav
OPPOSITION: One concerned person indicated his presence at the public
hearing, and no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct a 720 sq.ft. 2-story addition to
an existing single-family residence:
SECTION 18.25.063..030 - Minimum rear yard setback.
(25 .feet required;
11 feet 3 inches 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 public hearing having-been dulg noticed for and held on the date
set forth above, I do hereby find:
1. That there are special circumstances applicable to the property consisting
of size and shape which do not apply to other identically zoned properties
in the vicinity because (a) the property is 12~ smaller than required by
Code (existing: 8,740 sq.ft.; Code standard: 10,000 sq.ft.), and (b) the
shape is irregular having a minimum lot width which is 27~ narrower than
required by Code (existing: 65 feet wide at the rear property line; Code
standard: 90 feet) and having different side property line lengths (the
129-foot long south property line is 20~ longer than the 103-foot long
north property line) thereby making development of the property more
complex than if the size and dimensions complied with Code standards;
2. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity because there are 2 existing houses in the general
neighborhood which have been remodeled to consist of 2-stories;
3. That usable outdoor recreational space will be available elsewhere on the
lot because the remaining rear yard and the south side yard have a combined
usable area (1,756 sq.ft.) which is similar to what the rear yard would
contain if a 25-foot depth were maintained (1,712 sq.ft.); and
4. That any visibility into the closest neighbors' yards (to the north and
west) is minimal because there will be only two windows on the second story
facing those neighbors, one of them a bathroom window.
ZA-4110
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ZA 91-07
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Variance No. 4110
Page 2
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator
has reviewed the proposal for waiver of minimum rear yard setback to construct
a 720 sq.ft. 2-story addition to wn existing single-family residence on an
irregularly-shaped parcel of land consisting of approximately 8,740 sq.ft.
feet, having an approximate frontage of 96 feet on the .west side of Pine Way,
having a maximum depth of approximately 129 feet, being located 177 feet north
of the centerline of Sycamore Street and further described as 519 North Pine
Way; 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 Environmental Impact Report (EIR)
Guidelines and is, therefore,. categorically exempt from the requirement to
prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approved Variance No. 4110, subject to the following conditions:
1. That the legal owner of subject property shall maintain a minimum twelve
(12) foot separation between any portion of the building and the high
voltage power lines that are adjacent to or cross the subject property.
Any equipment used in connection with the construction and maintenance of
facilities located on subject property shall not be operated within ten
(10) feet of the overhead high voltage power lines. Details and
mitigations may be obtained from the City of Anaheim Electrical Engineering
Division.
2. That subject property shall be developed substantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitioner
and which plans are on file with the Planning Department marked Exhibit
Nos. 1 through 5.
3. That a building permit shall be obtained from the .Building Division within
a period of one (1) year from the date of this decision. Extensions for
further time may be granted in .accordance with Section 18.03.090 of the
Anaheim Municipal Code.
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, 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.
This decision is made, signed, and entered into the file this thirteenth day of
February, 1991.
Annika M. Santalahti
Zoning Administrator
ZA-4110 -2- ZA 91-07
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Variance No. 4110
Page 3
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: February 13, 1991
Pamela H. Starnes
Administrative Assistant
ZA-4110 -3- ZA 91-07