Resolution-ZA 1991-11\...
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`~ DECISION OF THE ZONING ADMINISTRATOR NO. ZA 91-11
PETITION r VARIANCE N0. 4114
CEQA STATUS: Categorical Exemption, Class 5
DATE OF PUBLIC HEARING: February 21, 1991
OWNER: ROB-and KIM BERRY, 1265 East Santa Ana Street, Anaheim CA 92805
LOCATION: 1265 East Santa Ana Street
OPPOSITION: No one indicated their presence at the .public hearing in opposition
and no correspondence was received.
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.050 to construct a 2-story, 800 sq.ft. room addition
to an existing single-family residence:
SECTION 18.21.-063.020 - Minimum side yard setback.
(10 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 public hearing having been.. duly 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
its existing nonconforming (aj size which x'11,700 'sq.ft. (about 73$ smaller
than required by Code for the underlying RS-A-43,000 Zone) and (b) lot width
which is 90 feet (about 35$ narrower than the'140 feet required for the
underlying zone]; and that the proposed side yard setback is a comparable
deviance from Code, being 50~ shallower .than required;
2. That strict application of the Zoning Code deprives the property of
privileges enjoyed. by .other properties in identcal'zoning-classification in
the vicinity because there are existing houses in the area which have 5-foot
side yards;
3. .That the existing dwelling has a 5-foot setback and the proposed addition
will be in alignment; and
4. That the granting of the variance under the conditions imposed will not be
detrimental to the peace, health, safety or general welfare of the citizens
of the City of Anaheim.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS• .That the Zoning Administrator has
reviewed the proposal for waiver of minimum `side yard setback to construct a
2-story 800 sq.ft. addition to an existing single-family residence on a
rectangularly-shaped parcel of land consisting of approximately 0.27 acre, having
a frontage of approximately 90 feet on the north side of Santa-Ana Street, having
a maximum. depth of approximately 130 feet, being'-located approximately 220 feet
ZA-4114 -1-
ZA 91-11
.Variance No. 4114
Page.2
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east. of the centerline of Haven Street, and further described as 1265 East Santa
Ana Street; 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 egal owner of subject property shall irrevocably offer to dedicate
to the City of Anaheim an easement thirty. two (32) feet in width from the
centerline of Santa Ana Street for street widening purposes
2. * That prior to issuance of a building permit, the appropriate fees due for
primary water mains .and fire protection service shall be paid to the Water
Engineering Division in accordance with Rules 15A and 20 of the. Water
Utility Rates, Rules and: Regulations.
3. That prior to issuance of a building permit or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
Nos. l and 2, 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.
4. That prior to final building and zoning inspections, 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. l through 4.
B. * That .approval of this application constitutes approval of the proposed
request only to the extent that it complies with he 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. Conditions marked with an asterisk (*) are required .by
established laws, codes, regulations-and agreements and `are, therefore, not
subject to negotiation.
This decision is made, signed, and entered into 'the file this twenty-eighth day
of .February, 1991.
Annika M. Santalahti
Zoning Administrator
DECLARATION -0F 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.
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DATED: February 28, 1991 ,JOI~~
amela H. Starnes
Administrative Assistant
ZA-4114 -2- ZA 91-11