Resolution-ZA 2003-54f
DECISION NO. ZA 2003-54
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04589
OWNER: Khoda Ostowari
6263 E. Twin Peak Circle
Anaheim, CA 92807
LOCATION: 805 South Harbor Boulevard
HEARING DATE: December 11, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Waiver of the following to Construct a storage room in conjunction with an existing
service station with accessory carwash and mini-market:
Sections 18.12.060.050 - Minimum structural setback from a residential zone.
18.44.062.010.011 (22-foot setback required with minimum 10 feet landscaped;
and 18.44.063.040 5-foot landscaped setback proposed between the proposed 11-foot high
storage room and the east property line adjoining RS-A-43,000
(Residential/Agricultural) zoning)
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 the property consisting of its location and
surroundings, which do not apply to other identically zoned properties in the vicinity; and that the service
station is located adjacent to a residentially-zoned property that is developed with anon-residential use: a
church and its parking area; and that surrounding and nearby properties will not be adversely impacted by
this setback waiver.
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other properties under identical zoning classification in the vicinity because there are other properties in
the neighborhood with similar setbacks adjacent to residentially-zoned property.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning
Administrator has reviewed the proposal for waiver of minimum setback from a residential zone to
construct a storage room in conjunction with an existing service station with accessory carwash and mini-
market on arectangularly-shaped 0.8-acre property located at the southwest corner of South Street and
Harbor Boulevard, having frontages of 190 feet on the south side of South Street and 185 feet on the west
side of Harbor Boulevard, and being further described as 805 South Harbor Boulevard; and that the
Planning Director or her authorized representative has determined that the proposed project is
Categorically Exempt, Class 3, under Section 15061(b)(3), of 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.
2003-04589, subject to the following conditions:
1. 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.
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That prior to final building and zoning inspections or within a period of two (2) years from the date of
this decision, whichever occurs first, Condition No. 1, above-mentioned, shall be complied with.
Extensions for further time to complete said condition 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 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 18th day of December, 2003.
tiv~ ~ ~, ~-
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.
DATE: December 18, 2003 ~ '
ielle C. Mas ~ , Wo Processing Operator
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