Resolution-ZA 2001-14C~
DECISION NO. ZA 2001-14
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A DECISION OF THE ZONING ADMINISTRATOR
DENYING VARIANCE NO. 2001-04423
OWNER: Cornelius Marinescu
412 S. Country Hill Road
Anaheim, CA 92808
AGENT: Dan Cojochean
544 E. Hoover Avenue
Orange, CA 92867
LOCATION: 412 South Country Hill Road
HEARING DATE: March 8, 2001, continued to the meeting of March 22, 2001.
IN FAVOR: That one person indicated his presence at the public hearing in support of the
proposal.
OPPOSITION: That three people indicated their presence at the public hearing in opposition to the
proposal; and that two letters were received in opposition.
REQUEST: Petitioner requests waiver of the following to construct an accessory, detached 2-story
guest house with a 2-car garage in conjunction with an existing single family residence
with a reversed building frontage on a comer lot in the RS-HS-22,000 (SC)
(Residential, Single Family Hillside-Scenic Corridor Overlay) Zone:
Sections 18.12.060.050 - Minimum rearyard setback.
and 18.23.063.030 25 feet required; 10 feet 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 petitioner submitted a revised site plan showing a minimum 15-foot (instead of
10-foot) rear yard setback.
2. That there are no special circumstances applicable to this property pertaining to its
topography, size or shape because the lot slopes only slightly from north to south and the lot size and
shape are typical of other lots in the area, and the proposed guest house can be relocated in compliance
with Code requirements; and that, therefore, there is no demonstrated hardship relative to this lot that is
significantly different from other lots within the same vicinity and zone.
3. That no other variances have been applied for or granted within the neighborhood
surrounding the subject property and, therefore, strict application of the Zoning Code does not deprive
this property of privileges enjoyed by other surrounding RS-HS-22,000(SC) zoned properties in the
neighborhood.
4. That construction of a large, two-story guest house in close proximity to the public street
and the neighboring single family residence to the east would adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located because the guest
house would interfere with the lines-of-sight from the adjoining property in comparison to the lines-of-
sight if the guest house were constructed in compliance with Code requirements; and that the visual
intrusion is illustrated in a photograph contained in the Staff Report to the Zoning Administrator.
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5. That the two-story proposal would have a significant visual impact on the neighboring
property because the setback is a 40°~ deviation from the Code requirement.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed this waiver of minimum rear yard setback to construct an accessory, detached 2-story guest
house with a 2-car garage in conjunction with an existing single-family residence with a reversed building
frontage on a comer lot in the RS-HS-22,000(SC) (Residential, Single-Family, Hillside-Scenic Corridor
Overlay) Zone on 0.50-acre irregularly-shaped property located at the northeast comer of Country Hill
Road and Old Ranch Road, with frontages of 188 feet on the north side of Country Hill Road and 117 on
the east side of Old Ranch Road, and further described as 412 South Country Hill Road; and does
hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis of
the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to deny Variance No.
2001-04423.
This decision is made, signed, and entered into the file this 27th day of March 2001.
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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. ~ /
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DATE: March 27, 2001 ~~ ' ~
Patricia Koral, Senior orci Processor
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