Resolution-ZA 1994-07~ ..
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DECISION NO. ZA 94-07
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4246, IN PART
OWNER: Art Peck
913 South Valley Street
Anaheim, CA 92804
LOCATION: 913 South Vallev Street -
CEQA STATUS: Categorically Exempt, Class 5
HEARING DATE: March 31, 1994
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
SUPPORT:.. Five people were present indicating support of the project.
REQUEST: Petitioner requests waiver of the following to construct a 831 sq.ft. room addition under
authority of Code Section 18.12.060.050:
Section 18.26.063.020 - Minimum side yard setback,
5 feet required; none proposed)
Having been appointed Zoning Adm-t-istrator 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, ! do hereby find:
1. That subject waiver is hereby granted, in part, requiring a minimum three (3) foot side yard between
the proposed addition and the south property line to provide for minimum access along the side
of the addition for maintenance purposes and to provide space for architectural details such as a
roof overhang so that the south side of the addition is visually compatible with the residential design
of dwellings in the neighborhood;
2. That there are special circumstances applicable to the property consisting of its location and
surroundings adjacent to an unusual alley. configuration and closed public street access between
Minerva-Avenue and the alley, 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 classffication in the vicinity, because the alley is perpendicular to the
rear yard of subject property (having a potential adverse impact caused by traffic heading directly
towards subject property) andthe street closure is aligned with the rear waN of petitioner's dwelling.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:. That the Planning Director or his authorized
representative has determined that the proposed project fa{Is within the definition of Categorical Exemptions,
Class 5, as defined in the State of California Environmental Quality Act Guidelines and is, therefore,
categorically exempt from the requirement to prepare an Environmental Impact Report.
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ZA 94-07
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Based on the evidence and testimony presented to erne, I do hereby determine to approve Variance No.
4246, in part, 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 Nos. 1, 2 and 3; provided, however, that a minimum three (3) foot
structural setback shall be maintained between the south wall of the addition and the property line
along Minerva Avenue.
2. That prior to final building and zoning inspections or within a period of two (2) years 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 7th day of April 1994.
L~i2~Y/ .~
Annika M. Santalahti
Zoning Administratr~r
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 withiri~l5 days of the dateofthe signing of this decision or unless
members of the City Council shall request to review this decision with's.~ 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 c y of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: April 7, 1994
Betty Preston
Sr. Office Specialist -~
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