Resolution-ZA 1995-23•
DECISION NO. ZA 95-23 .
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4279
OWNERS: William and Gabriella Lyon
265 Owens Drive, Anaheim, CA 92808
AGENT: Newland Construction Inc.
1407 North Batavia #109, Orange, CA 92667
LOCATION: 265 Owens Drive
CEQA STATUS: Categorically Exempt, Class 3
HEARING DATE: September 14, 1995
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 188 sq.ft. garage addition:
Sections 18.12.060.050 - Minimum side yard setback.
and 18.23.063.020 ~ 1 f t required;
f et proposed from north property line)
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 proposal (to expand an existing 2-car garage to a 3-car garage and thereby encroaching
into the required 10-foot side yard) will encroach for a distance of only 25 feet along the overall 172-
foot long side yard (14 ~ 96 of the length of the north property line) and that the front yard setback
from the Owens Drive is very deep (68 feet);
2. That the south side yard setback of subject. residence is 30 feet and, therefore,. the average side
yard_on subject property will be more than 16 feet;
3. That there are special circumstances applicable to the property consisting of its shape, location and
surroundings, which do not apply to other identically zoned properties in the vicinity; and
4. 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 FINDINGS: That the Zoning Administrator. has reviewed the
proposal for waiver of minimum side yard setback to construct a 188 sq.ft. garage addition on an irregularly-
shaped parcel of land consisting of approximately 0.5 acre, having a frontage of approximately 90 feet on
the west side of Owens Drive, having a maximum depth. of approximately 172 feet, being located
approximately 550 feet north of .the centerline of Mohler DrNe and .further described as 265 Owens Drive;
and that the Planning Director or his authorized representative has determined that the proposed. project
is Categorically Exempt, Class 3, as defined in the State of California Environmental Quality Act Guidelines,
from the requirement to prepare an environmental impact report.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4279, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with plans and specffications
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 final building and zoning inspections or within a period of 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 21st day of September 1995.
rn an a ti
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 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: September 21, 1995
Betty Presto
Sr. Office Specialist
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