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Resolution-ZA 2004-27 DECISION NO. ZA 2004-27 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0. 2004-04620 OWNER: Sam Randall, OCCD 25751 Trabuco Road Lake Forest, CA 92630 AGENT: James McKartz 15375 Barranca Parkway, Suite F101 Irvine, CA 92618 LOCATION: 1400 East Sycamore Street CEQA STATUS: CEQA Categorical Exemption -Class 1 HEARING DATE: August 19, 2004, continued from the August 5, 2004 meeting OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. REQUEST: Petitioner requests waivers of the following to replace an existing pump house building with a new one-story, 480 square foot accessory building adjacent to the east property line in conjunction with an existing cemetery in the T (Transition) Zone: (a) Sections 18.14.070.010 - Maximum height adlacent to a single-family residential zone. and 18.74.040.020.0204 (1 foot high non-residential building permitted when located 2 feet from RS-2 "Single-Family Residential" zoning; 14-foot. 6-inch hich pump house proposed) (b) Sections 18.14:100.010 - Minimum side vard setback. and 18.74.040.020.0205 10 feet required; 2fee proposed) Having been appointed Zoning Administrator by the Planning Director, .pursuant to Anaheim Municipal Code Section 18.74.040 (Approval Authority), 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, because the cemetery property is surtounded by single-family residences; that the new pump house building will not have an adverse Impact on neighboring residential properties because it is proposed in the same location as the existing pump building; that the new pump house will have no windows facing the single family homes and it will be anon-habitable accessory building that houses a water well; and that the new pump house is designed to be architecturally compatible with the nearby residences to the east. 2. That placement of the new pump house building is limited because of the location of the existing water well and the lack of developable land due to adjacent grave sites. 3. That, the existing water well was established prior to development of the single family residences to the east of subject property. Based on the evidence and testimony presented to me, 1 do hereby determine to approve Variance No. 2004-04620, subject to the following conditions: ZA2004-027.doc - 1 of 2 - ZA2004-27 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 Nps. 1 and 2, as conditioned herein. 2. That within a period of one (1) year from the date of this Decision, the appropriate permit(s) for the pump house shall be obtained from the Building Div(sion. Extensions for further time to complete this condition may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of the Anaheim Municipal Code. 3. That approval of this application constitutes approval of the proposed request only o 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 26'" day of Augusl, 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 Flled w(th 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: 1 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: August 26, 2004 ~~DY~ / )/{' /(~ ,~~ p Danielle C. M iel, ord Processing Operator ZA2004-027.doc - 2 of 2 - ZA2004-27