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Resolution-ZA 2000-42~ ~ DECISION NO. ZA 2000-42 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2000-04415 OWNERS: L. Michael and Susan Pope 843 North Yvonne Place Anaheim, CA 92801 AGENT: Paul T. Kott 1225 West Lincoln Avenue Anaheim, CA 92805 LOCATION: 843 North Yvonne Place HEARING DATE: November 2, 2000 OPPOSITION: No one indicated their presence at the public hearing in opposition to the request and no correspondence was received in opposition. REQUEST; Petitioner requests waiver of the following to permit a 513 square foot room addition between the house and garage in the required rear yard setback of asingle-family residence in the RS-10,000 (Residential, Single-Family) Zone: Sections 18.01.020 - Minimum rear yard setback. 18.04.043.020 (Required: 25 feet required to the dwelling, or 18.12.060.050 minimum 5 feet permitted if the maximum building coverage 18.12.060.070 of the required rear yard is 25%; 18.25.063.030 Existing and Proposed: 5 feet with 32°k coverage of the and 18.25.064.030 25-foot rear yard by the garage [444 sq.ft.] and addition [240 sq.ft.]) 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 this setback variance is for a building connection which was constructed without the appropriate permits being obtained from the city. 2. That the 5-foot setback between the garage and the rear property line complied with Code at the time this property was originally developed because the garage was detached; and that the coverage of the minimum required rear yard (25 feet deep x 85.9 feet wide = 2,147 sq.ft. for this property) by the garage (444 sq.ft.) also complied with Gode at that time (maximum 25°k coverage permitted, 20°~ constructed). 3. That as a result of the building connection (totaling 513 sq.ft) being constructed between the garage and the house, the garage was attached to the house and the coverage of the required rear yard (by the garage and the westerly portion [240 sq.ft.] of the addition) increased to 32% in violation of Code, which permits maximum 25% coverage when the rear setback is 5 feet. 4. That this variance is approved because the portion of the addition which encroaches into the minimum required rear yard plus the garage (684 sq.ft. combined) is only 148 sq.ft. larger than permitted by Code (25°~ x 2,147 sq.ft. = 536 sq.ft.); and that 148 sq.ft. of area is available elsewhere on the property for recreation-leisure use because the rear setback to the main portion of the house is 8 feet deeper than required by Code for an additional 332 sq.ft. of usable outdoor space. V2000-04415.doc - 1 of 2 - ZA 2000-42 • ~ 5. That the requested waiver is hereby approved because the deviation from Code is minimal. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the proposal for waiver of minimum rear yard setback to permit a 513 square foot room addition between the house and garage on an irregularly-shaped 0.19-acre property located at the southwest comer of Yvonne Place (oriented east-west) and Yvonne Place (oriented north-south), having frontages of 85 feet on the south side and 72 feet on the west side of Yvonne Place, and further described as 843 North Yvonne Place; and that the Planning Director or his authorized representative has determined that the proposed project is Categorically Exempt from the requirement to prepare an environmental impact report under Section 15301, Class 1, as defined in the State of California Environmental Quality Act Guidelines. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2000-04415, subject to the following conditions: That the appropriate permits shall be obtained from the Building Division. 2. That the plans submitted to the city for permits shall accurately identify all existing structures to be retained on the property, including the front yard patio cover and back yard patio cover; and that any structures which are not permitted by the Anaheim Municipal Code (either by right or in connection with approval of a variance) shall be removed or modified to comply with Code. 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, and as conditioned herein. 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, 2 and 3, above-mentioned, shall be complied with. 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 8~h day of November, 2000. ~ a '222'1 Z~G~~-~ i/~ /'i~ -~2~ ~a ~ ! 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: 1 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: November 8, 2000 Patricia Koral, Sr. ord Processing Operator V2000-04415.doc - 2 of 2 - ZA 2000-42