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Resolution-ZA 2001-49 DECISION NO. ZA 2001-49 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2001-04465 OWNER: Dennis Ponzio 342 S. Whitestone Drive Anaheim, CA 92807 LOCATION: 342 South Whitestone Drive HEARING DATE: December 13, 2001 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests waivers of the following to construct a new single family residence on an existing vacant lot in the RS-HS-22,000(SC) (Residential, Single Family Hillside - Scenic Corridor Overlay) Zone: Sections 18.12.060.050 - Minimum front vard setback. 18.23.063.011 (25 feet required; 17 feet proposed) and 18.84.042 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 waiver is hereby approved on the basis that the request is minimal because only about 20 linear feet of the proposed dwelling (or 20% of the 101-foot wide lot) is located within 25 feet from the street right-of-way; that the proposed dwelling is located on an angle relative to the street frontage; that the average front setback will be about 35 feet; and that less than 200 sq.ft. of the dwelling will encroach into the minimum 2,525 sq.ft. front yard (an encroachment of less than 8%). 2. That the proposed elevation plans for this new single family residence substantially conform to the conceptual exhibits previously approved in connection with Variance No. 3699 because the predominant appearance of this proposed house, as viewed from the street, will be one story, in accordance with said conceptual exhibits. 3. That the small, accessorytwo-story architectural element over the garage will have a negligible impact on the massing and bulk of the front elevation in accordance with said conceptual exhibits; and that the overall building height will not exceed 32 feet , as shown on the previously-approved conceptual exhibits. 4. That the petitioner indicated that neighbors and the home owners' association had been advised of the proposal and did not object. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the 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 (CEQA) Guidelines and is, therefore, categroically exempt from the requirement to prepare an Environmental Impact Report. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2001-04465, subject to the following conditions: V2001-04465.doc - 1 of 2 - ZA 2001-49 • • That subject property 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, 3, 4, 5, 6 and 7, and as conditioned herein. 2. That within a period of one (1) year from the date of this decision, 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. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 December, 20001. ~G/l_. Annika M. Santalahti, Zoning Administra or 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. DATE: December 19, 2001 ~ Patricia Koral, Wor Processing Operator V2001-04465.doc - 2 of 2 - ZA 2001-49