Resolution-ZA 1991-15PETITIONS VARIANCB N0. 4129 CEQA-STATUS: CATEGORICAL EXEMPTION-
CLASS 5
DATE OF PUBLIC HEARING: March 21,:1991
OPPOSITION: No one indicated their presence in opposition at the public
hearing; and no correspondence in opposition was received.
OWNER: RONALD M. AND LINDA M. MORGAN
545 Sherwood Drive, Anaheim CA 92805
.LOCATION:.- 545 Sherwood Drive
REQUEST: Petitioner requests waiver of the following under the authority of
Code Section 18.25.060.050 to construct a 70 sq.ft. addition to an
existing single-family. residence:
SECTION 18.25.063.020 - Required side yard.
(minimum 8 feet required;
5 feet ,proposed)
Having beem 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 vn the date
set forth above, I do hereby find:
1. That there are special circumstances applicable to the property consisting
-of ;location 'and surroundings, which do not apply to other identically
zoned properties in the vicinity because. the adjacent property to the
north (where the addition wi21 be constructed} is developed ..with a garage
.paralleling the joint property line;
2. That strict. application of the Zoning Code deprives: the property of
privileges enjoyed by other properties im identical zoning classification
in the vicinity because there are other lots in the area with 5-foot side
yards; and
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3. That the ,proposed bathroom will encroach only~'~3 feet into the required
side yard.-for a distance of only 15 feet (or 12$ of the 126-foot length of
the entire north property line.
.CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Zoning Administrator
has-'reviewed the proposal for waiver of minimum required .side yard setback to
construct a 70 sq,ft. bathroom addition to an existing single-family residence
on an irregularly shaped parcel of land consisting of approximately A.2 acre,
having a frontage of approximately 83 feet on the west side of Sherwood Drive,
having maximum depth of approximately 126 feet, being.. located approximately 176
feet west of the centerline of Grove Avenue and. further described as 545
.Sherwood Drive; and that the Planning Director. or his authorized representative
ZA-4119
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ZA 91-15
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- ~ Variance No. 4119.
_ 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.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4119, subject`to the following conditions:
1. 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 No. 1.
2. That prior to issuance of a building permit or within a periodof one (1)
,:.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 conditions may be granted in accordance with
:Section 18.03.090 of the.Anaheim Municipal: Code:
3. 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 twenty eighth day
of ..March, 1991.
C., /lam f ~' ~" (. f/l/~
Annika M. Santaialiti .
Zoning'Adminstrator
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 davs of thee-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~l~nder 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: March 28, .1991. /`lld
Marga i a olorio, Acting. Secretary
ZA-4119 -2- ZA 91-15