Resolution-ZA 2005-34• •
DECISION NO. ZA 2005-34
A DECISION OF THE ZONING ADMINISTRATOR
GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2005-00282
OWNER: Raymond Masciel
304 W. Vermont Avenue
Anaheim, CA 92805
AGENT: Gary Masciel
P.O. Box 4241
Anaheim, CA 92805
LOCATION: 1010 North West Street -Property consisting of approximately 0.16 acre located at the
northeast corner of Autumn Drive and West Street, and having frontages of 72 feet on
the east side of West Street and 98 feet on the north side of Autumn Drive.
DATE NOTICES MAILED: December 9, 2005
REQUEST: Waiver of the following to construct a new single family residence in the RS-1 (Single-
Family Residential) Zone:
Sections 18.04.100.010.0101 - Minimum rear yard setback.
and 18.62.040.020.0201 (Required: 24% feet (25% of lot depth);
Proposed: 20 feet)
DETERMINATION OF THE ZONING ADMINISTRATOR
Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced
administrative adjustment, and subject petition having been duly noticed and no written objections having
been received, I do hereby find, pursuant to Section 18.62.040.060 (Findings) of the Anaheim Municipal
Code:
1. That the request is hereby granted in accordance with paragraph .0201 of subsection
18.62.040.020 (Types of Adjustments) of Section 18.62.040 (Administrative Adjustments) of the Anaheim
Municipal Code which permits waiver of the dimensional requirements for rear yard setbacks if the
deviation does not exceed 20% of the requirement; and that the proposal (20-foot rear yard setback
instead of 24'/ feet) is an 18% deviation.
2. That no written opposition was received during the required 10-day notification period which
ended on December 21, 2005 at 5:00 p.m.
3. That the proposed adjustment is consistent with the purposes and intent of the Zoning Code.
4. That the same or similar result cannot be achieved by using provisions in the Zoning Code
that do not require the adjustment.
5. That this adjustment does not conflict with the provisions of the California Building Standards
Code or other codes, as adopted by the City.
6. That this adjustment will not produce a result that is out of character or detrimental to the
neighborhood in that an equal or greater amount of outdoor living area (to replace the rear yard area
eliminated due to the proposed setback) will be available in the 13-foot setback along the north side of the
proposed house.
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Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No.
2005-00282, 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 Nos. 1 (Site Plan), 2 (Floor Plan) and 3 (Elevations).
2. That within a period of one (1) year from the date of this decision, the appropriate permit(s) shall be
obtained from the City of Anaheim for the proposed single-family dwelling. 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 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 28th day of December 2005.
/,~ ~ .
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 fifteen (15) days from the date of the signing of this
decision or unless members of the City Council shall request to review this decision within twelve (12)
days from the date of signing.
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.
DATE MAILED: December 28, 2005
Pat Chandler, Senior Secretary /,J,_.L
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