Resolution-ZA 1994-11''. •
DECISION NO. ZA 94-11
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4248
OWNERS: Mark H. and iCamala Balan
406 South Mohler Drive
Anaheim, CA 92807
AGENT: Bruce C. Manzer
34125 Pandora Street
Lake Forest, CA 92630 _
LOCATION: 406 South Mohler_Drive _
CEQA STATUS: Categorical Exemption, Class 5
HEARING DATE: May 12, 1994
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct a detached recreation room with
a roof-top sun deck under authority of Code Section 18.12.060.050:
Section 18.23.063.011 - Structural setback and vard area requirement.
(minimum 25 foot front setback required; 1 feet
proposed from north and east property lines)
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:
That there are special circumstances applicable to the property consisting of topography, location
and surroundings, which do not apply to other identically zoned properties in the vicinity because
subject property does not have frontage on a public street, it has a slope of approximately 35% to
45%, and a Southern California Edison Co. utility easement crosses a portion of the property;
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 the absence of frontage on a
public street makes it difficult to establish a minimum front setback.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of minimum structural setback and yard requirement on an irregularly-shaped parcel of
land consisting of approximately 0.6 acre located. approximately 175 feet east of the centerline of Mohler
Drive and 300 feet south of the intersection of Corto Road (a private road) and Mohler Drive, and further
described as 406 South Mohler Drive; and that the Planning Director or his authorized representative has
determined that the proposed project is Categorically Exempt under Class 5 per the State of Caiffornia
Environmental Quality Act Guidelines.
Based on the evidence and testimony presented o me, i do hereby determine to approve Variance No.
4248, subject to the following conditions:
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That the property owner shall submit to the Planning Department written proof or verification from
the Southern California Edison Company, as reviewed and approved by the City Attorney, of either:
(a) Authorization for construction of the proposed permanent structure on, over or under the
existing Southern California Edison Company easement; or
(b) Abandonment of said easement.
2. That the property owner shall submit a plan showing the location of any "specimen trees" affected
by or within close proximity of the proposed construction. If any specimen tree is to be removed
or otherwise destroyed, a Specimen Tree Removal Permit shall first be obtained from the Planning
Department. A "Specimen Tree" is defined per Section 18.84.038.010 of the Anaheim Municipal
Code as any single tree of the Quercus varieties (Oak), Schinus varieties (Pepper), or Platanus
varieties (Sycamore), or any stand (five (5) or more) of the Eucalyptus varieties (Eucalyptus), with
a truck measuring eight (8) inches or greater in diameter, measured at a point four (4) feet above
ground level.
3. 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.
4. 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. 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.
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 19th day of May 1994.
Annika M. antalahti
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 davs 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.
DATE: May 19, 1994 D'h
Betty Prest n
Sr. Office Specialist
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