Resolution-ZA 2003-21
DECISION NO. ZA 2003-21
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04562
OWNER: Paul Kott
1207 West Dwyer Drive
Anaheim, CA 92801
AGENT: Stan Wise
The Wise Group
730 South Paseo Prado
Anaheim, CA 92807
LOCATION: 1207 West Dwyer Drive
CEQA STATUS: Categorical Exemption, Class 1
HEARING DATE: June 12, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Waivers of the following to construct an addition to the rear of an existing single-family
residence on a reversed corner lot in the RS-10,000 (Residential, Single-Family) Zone:
(a) Sections 18.12.060.050 - Minimum side yard setback.
and 18.25.063.021 (15 feet required for this 'reversed corner lot';
8 feet proposed)
(b) Sections 18.12.060.050 - Minimum rear yard setback.
and 18.25.063.030 (25 feet required; 11 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 there are special circumstances applicable to this property pertaining to its irregular
shape and the unusual orientation of the residence that makes it difficult for the property owner to comply
with Code development standards, and strict application of the Zoning Code would deprive the property of
privileges enjoyed by other properties in identical zoning classification in the vicinity because the property
is a 'reversed corner lot' where the rear (north) property line is the side property line of the adjacent
residential lot to the north; that if subject property were developed in the typical manner, the house would
face the north-to-south `leg' of Dwyer Drive on the east, but the property is developed with a `reversed
building frontage` where the house faces the 'side' street (the west-to-east portion of Dwyer Drive on the
south); and that the house has an existing minimum 10-foot setback along the north-to-south 'leg' of
Dwyer Drive and the proposed addition will be a continuation of that east building wall.
2. That the proposed addition will encroach about 14 feet into the minimum required 25-foot
deep rear yard (25' x 123' wide = 3,075 sq.ft.) for a distance of about 14 feet (i.e., a 96 sq.ft. area) and the
addition's coverage will be only 6% of the required rear yard; and that usable outdoor space will be
available elsewhere on the lot because the actual rear yard along the west half of the lot is more than 56
feet deep yielding more than 3,000 square feet of additional usable outdoor space.
3. That surrounding residences and the overall character of the residential neighborhood will
not be adversely impacted by the side and rear yard setback waivers.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04562, subject to the following conditions:
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 Nos. 1 (site plan), 2 (floor plan), 3 (elevations) and 4 (roof plan).
2. That within a period of one (1) year from the date of this decision, a building permit for the proposed
addition shall have been obtained from the Building Division. Extensions for further time to complete
this condition 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 19~" day of June, 2003.
_` ,1
Annika M. Santalahti, oning ministrator ~J
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: June 19, 2003 ~~~~ 1 ~v(~ ~. ~~~~ /J
Danielle C. Masciel, Word Processing Operator J /%
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