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Resolution-ZA 2004-05• DECISION NO. ZA2004-5 • A DECISION OF THE ZONING ADMINISTRATOR GRANTING ADMINISTRATIVE ADJUSTMENT N0.2003-00258 REQUESTED BY: Juan Estrada 1913 North Cloud Crest Circle Anaheim, CA 92807 AGENT: Marc Radlinski 33322 Hidden Hollow Drive Wildomar, CA 92595 LOCATION: 1913 North Cloud Crest Circle CEQA STATUS: Categorically Exempt, Class 1 HEARING DATE: February 19, 2004 REQUEST: Waiver of the following to expand an existing living room, construct a covered porch and construct a second story family room addition to an existing one-story single family residence in the RS-5000 (Residential, Single-Family) Zone:. (a) Sections 18.12.080.020 - Maximum lot coverage. and 18.27.062.030 (35% permitted; 38.5% proposed) (b) Sections 18.12.080.010.0103 - Minimum side yard setback. and 18.27.063.020 (5 feet required; 4 feet existing and proposed) DETERMINATION OF THE ZONING ADMINISTRATOR 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 this request was originally processed as anon-discretionary Administrative Adjustment in accordance with subsections 18.12.080.020 and 18.12.080.010.0103 of the Anaheim Municipal Code which permit waiver of maximum lot coverage when the deviation from the Code requirement does not exceed 10% and waiver of .minimum side yard setback when the deviation does not exceed 20%, and when no written ,opposition is received during a 10-day public notification period; that public notices regarding this proposal were mailed and within the 10-day notification period which ended on December 8, 2003, a letter of opposition was received; and that, therefore, in accordance with subsection 18.12.080.040, a public hearing was scheduled to consider the proposal. 2. That no one indicated their presence at the public hearing in opposition to the proposal; and the person who had submitted written opposition to the proposal has verbally rescinded their opposition. 3. That, as described in paragraphs (10), (11) and (12) of the Staff Report to the Zoning Administrator dated February 19, 2004, this lot is smaller in size compared to others in the same tract; that waivers of maximum lot coverage with a greater deviation from the Coderequirement have been approved for other lots in the area; and that the 4-foot side yard setback is an existing condition that would not be reduced by the proposed addition. ZA\decision\za2004-05.doc - 1 of 2 - ZA2004-5 • • 4. That except for the requested waivers, all other development standards of the RS-5000 (Residential, Single-Family) Zone will be complied with; and that surrounding and nearby residences will not be adversely impacted as a consequence of this request. Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No. 2003-00258, subject to the following conditions: That within a period of two (2) years from the date of this decision, 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 Nos. 1, 2 and 3. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 2. 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 26th day of February 2004. 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 State Mail, a copy of the decision to the applicant and did forward a copy to .the City Clerk. DATED: February 26, 2004 D~~~~IM.r ~. A,~'GrP.Q Danielle C. Masciel, Word Processing Oper o ZA\decision\za2004-05.doc - 2 of 2 - ZA2004-5