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Resolution-ZA 2004-19• • DECISION N0. ZA 2004-19 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2004-04613 OWNER: Edward K. Hoffman 230 South Willowcreek Lane Anaheim, CA 92808 LOCATION: 230 South Willowcreek Lane CEQA STATUS: CEQA Categorical Exemption, Class 1 HEARING DATE: July 8, 2004 , OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Waiver of the following to construct a family room addition to the rear of an existing single family residence: ' '- Sections 18.12.060.050. ,,.. - Minimum rear yard setback. and 18.23.063:030 (25 feet required; 16 feet proposed) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040 (Authority and. Duties), to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, f do hereby find: 1. That there are special circumstances applicable to the property consisting of its shape, location and numerous drainage easements at the front of the property which prevent the property from being developed with a room addition similar to other residences in the surrounding neighborhood; .that the rear property line (to the northeast) and the side property line (to the northwest) adjoin non-residential uses (EI Rancho Junior High School and a City of Anaheim electrical substation) which are not impacted by the proposed addition; that the proposed addition is located more than 50 feet from the side property line which adjoins residentially zoned property to the southeast; and, further, that the proposed room addition is at a lower elevation than the neighbor's residence and will not effect any views. 2. That strict application of the. Zoning Code would deprive this property of privileges enjoyed by other properties in identical zoning classification in the vicinity that have been granted rear yard setback waivers. 3. That this Variance No. 2004=04613 was submitted to the Planning Department and was deemed complete on June 1, 2004 prior to the effective date of Ordinance No. 5920 which was adopted by the City Council on June 8, 2004 to amend Title.18 "Zoning" of the Anaheim Municipal Code in its entirety; and that submittal and approval of this variance complies with paragraph (d) of Section 5 of said ordinance which specifies that nothing contained in Ordinance No. 5920 shah apply to any project that has submitted any zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel Map, Tentative Tract Map, Variance,. etc.) to the Planning Department and which submittal is deemed complete by staff as of 5 p.m. on the day before the effective date of the ordinance. Said project shall be permitted provided that the proposal is approved or conditionally approved. by the Zoning Administrator; and that such project shall have commenced within the time limitation specified in the Decision approved by the Zoning Administrator, unless said time period is duly extended by the approval authority; and if a building permit is required, construction shall have. commenced and shall be completed within a period of 365 days from the date the building permit is issued, unless said time period is duly extended by the Building Official ZA2004-19.doc -1 of 2 - ZA2004-19 • • Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004- 04613, subject to the following conditions:. 1. That within a period of one (1) year from the' date of this Decision, a building permit for this proposal shall have been obtained from the Building Division of the City of Anaheim. 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 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 through 3, and as conditioned herein. 3. That prior to issuance of a certificate of 'occupancy or final building and zoning inspections, whichever occurs first, Condition No. 2, above-mentioned, shall be complied with. 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. This decision is made, signed, and entered into the file this 15th day of July, 2004. w Annika M. Santa ahti, 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 pena{ty 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: July 15, 2004 ~~IJI,t ~1~te- ~• ivl.G~U Danielle C. Masciel, Word Processing Operator t ~""G ZA2004-19.doc = 2 of 2 - ZA2004-19