Resolution-ZA 1991-35`A
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DECISION OF THE ZONING
PETITION: VARIANCE NO. 4137 CEQA STATUS:
DATE OF .PUBLIC HEARING: August 22, 1991
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- ZA 91-35
Categorical Exemption,
Class 5
OPPOSITION: No one indicated their presence at the public hearing in
opposition, and no correspondence in opposition was received.
OWNER: O. RICHARD HABEGGER
4932 East Budlong Street, Anaheim, CA 92807
LOCATION: 4932 East Budlong Street
REQUEST: Petitioner requests waiver of the following to construct a 198
sq.ft. room addition:
SECTION 18.27.062.030 - Maximum lot coverage.
35~ permitted; 36~ 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 request is minimal, amounting to only 1~ (68 sq.ft.) more lot
coverage than is permitted by Code, and that the proposed addition complies
with all required building setbacks; and
2. 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 for waiver of maximum lot coverage to construct a 198
sq.ft. foot room addition on an rectangularly-shaped parcel of land consisting
of approximately 0.1 acre, having a frontage of approximately 50 feet on the
south side of Budlong Street, having a maximum depth of approximately 100 feet,
being located approximately 100 feet east of the centerline of Viola Street and
further described as 4932 East Budlong 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 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
p-~?PRUVE Variance No. 4137, subject to the following conditions:
ZA-4137 -1- ZA 91-35
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Page 2
Variance No. 4137
1. That the storage area for ,trash containers shall be located out of the
public's view.
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 and 2.
3. That prior to final building and zoning inspections or within a period of
one (1) year from the date of this decision, whichever occurs first,
Condition Nos. 1 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 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-ninth day
of August, 1991.
i
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: August 29, 1991 G~~y~Z~lif/fL~,~. ~~C1~~.-~
Pamela H. Starnes
Administrative Assistant
ZA-4137 -2- ZA 91-35