Resolution-ZA 2003-11• •
DECISION NO. ZA 2003-11
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04555
OWNER: James, Dianne and Donald M. Runyon
414 South Magnolia Avenue
Anaheim, CA 92804
LOCATION: 414 South Magnolia Avenue
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: April 3, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received; and a concerned neighbor spoke at the
public hearing regarding the location of the garage expansion relative to an existing tree
on her property, and discussed the situation with staff.
REQUEST: Petitioner requests the following waiver to permit and retain an existing garage
expansion which is attached to an existing single-family residence in the RS-A-43,000
(Residential/Agricultural) Zone:
Sections 18.12.070.050 - Minimum side vard setback.
and 18.21.063.020 (10 feet required in the RS-A-43,000 Zone;
5 feet existing and proposed along the south
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 there is a special circumstance applicable to this property consisting of its size, which
does not apply to other identically zoned properties in the vicinity because the property is only 0.32 acre
in size, or about one-third the minimum parcel size required in the RS-A-43,000 Zone (1 acre).
2. That strict application of the Zoning Code would deprive this property of privileges enjoyed
by other similar residential properties in the vicinity because all the adjacent and nearby residential lots
are zoned RS-7200 (Residential, Single-Family), which zoning permits minimum 7,200 square foot lots,
and if this property were zoned identically to the surrounding single-family residential lots, the minimum
permitted side yard setback would be 5 feet.
3. That except for the minimum side yard setback waiver and the existing nonconforming lot
size, all other development standards of the RS-A-43,000 Zone are complied with, including the existing
and proposed 53-foot rear yard which exceeds the minimum 25 feet required.
4. That this waiver will not adversely impact the adjacent RS-7200-zoned residences or the
character of the surrounding single family residential neighborhood because the requested 5-foot side
yard is the same as permitted in RS-7200 zoning; and that the typical side yard in those RS-7200-zoned
lots is 5 feet as illustrated by the aerial photograph of the area.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04555, subject to the following conditions:
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That the 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.
That prior to final building and zoning inspections or within a period of six (6) months from the date of
this decision, whichever occurs first, Condition Nos. 1 and 4, herein -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.
4. That the petitioner shall obtain the appropriate permit(s) from the Building Division for this garage
expansion, including the eaves and roof which extend towards the south property line.
This decision is made, signed, and entered into the file this 10"' day of April, 2003.
Annika M. Santalahti, Zoning dministrator
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: April 10, 2003 !
Danielle Mascie , ord rocessing Operator
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