Resolution-ZA 2004-06•
DECISION NO. ZA 2004-6
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO.2003-04590, IN PART
OWNER: Kenneth M. Light
335 South Timken Road
Anaheim, CA 92808
AGENT: Pete Volbeda
615 North Benson Avenue, Unit C
Upland, CA 91786
LOCATION: 347 South Timken Road
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING DATE: January 8, 2004, continued to the meetings of January 22, and February 5 and 19, 2004.
OPPOSITION: Three people spoke in opposition to the proposal at the public hearing on January 8 and
February 19, 2004, and two letters and two petitions with 20 signatures in opposition were
received.
REQUEST: Waivers of the following to construct a new 2-story single family residence in the RS-HS-
22,000(SC) (Residential, Single Family Hillside -Scenic Corridor) zone:
(a) Sections 18.12.060.050 - Minimum front yard setback.
and 18.23.063.010.011 (25 feet required; 14 feet proposed)
(b) Sections 18.12.060.050 - Minimum rear yard setback.
and 18.23.063.030 (25 feet required; 22 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 the property consisting of its shape and
orientation, which do not apply to other identically zoned properties in the vicinity, because the property is
shallow (101 to 114 feet) relative to its width (192 feet); and that the property parallels the adjoining private
road along its longest dimension in comparison to most lots where the depth is the longest dimension.
2. That 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 combined required front and rear
yard square footage (approximately 10,700 sq.ft.) is substantially larger (about 32%) than if the property were
more conventionally oriented which would result in approximately 8,100 sq.ft. of front and rear yard.
3. That this request is approved, in part, denying waiver (a), minimum front yard setback, and
approving waiver (b), minimum rear yard setback, to permit a 20-foot rear yard setback; and that prior to
issuance of building permits, the petitioner shall submit revised plans showing that the property will be
developed with a minimum 25-foot front yard along Timken Road and a minimum 20-foot rear yard.
4. That, as approved, development of this property will maintain a front yard setback similar to
adjoining and nearby setbacks along Timken Way; and that a 20-foot rear setback will result in a rear yard
which is over 3,800 sq.ft. in area and is substantially larger (about 79%) than the rear yard would be if the
property were conventionally oriented resulting in an approximately 2,100 sq.ft. yard.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04590, in part, subject to the following conditions:
1. (a) 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2, 3, 4, 5 and 6;
provided, however, that a revised site plan shall be submitted showing that (i) the minimum front
setback shall be twenty five (25) feet as measured from the edge of the Timken Road easement in
compliance with Code requirements and (ii) the minimum rear setback shall be twenty (20) feet as
measured from the rear property line; and as conditioned herein; and
(b) That the revised site plan showing the above-described modifications shall be submitted to the
Zoning Division for review and approval prior to, or in connection, with the submittal for building
permits.
2. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to the issuance of a building permit.
3. That within one (1) year from the date of this decision or prior to issuance of a building permit, whichever
occurs first, Condition Nos. 1(a) and 2, above-mentioned shall be complied with. Extensions for further
time to complete said conditions 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.
4. 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.
5. .That the property owner is responsible for repairing any damage on Timken Road (a private street) that
.results from grading and construction activities in connection with development of this property, and
should confer with the neighbors regarding such repairs.
This decision is made, signed, and entered into the file this 26th day of February 2004.
/~ G~
A nika 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 davs 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: February 26, 2004 ~~ l ~"~ l,. ~~~--~C
Danielle C. Masciel, Word Processing Oper for
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