Resolution-ZA 1989-32ti
PETITION:
•
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-32
VARIANCE NO. 3948 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF PUBLIC HEARING: May 18, 1989
OPPOSITION:. No one indicated his presence in opposition and no correspondence
was received.
OWNER: AURORA GARCIA
3157 Westhaven Drive, Anaheim, CA 92804
LOCATION: 3157 Westhaven Drive
REQUEST: Petitioner requests waivers of the following to construct a 520
sq.ft. room addition:
(a) SECTION 18.27.062.020 - Maximum site coverage.
(35~ allowed; 36~ proposed)
(b) SECTION 18.27.062.021 - Oven space requirements.
(minimum 5,850 sq.ft. lot area
required for 4-bedroom dwellings;
5,610 sq.ft. 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 the requested waiver (a) is minimal consisting of a lot coverage
which is only 1~, more than permitted by Code;
2. That the requested waiver (b) is minimal consisting of a lot which is
only 4~ (240 sq.ft.) smaller than required by Code, and that the
underlying R5-5000 zoning was adopted in 1971 when the development
standards permitted 4-bedroom dwellings on 5000 sq.ft. lots and,
therefore, there are other similarly-sized lots in the. area which are
developed with 4-bedroom dwellings;
3. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings., which do not apply to
other identically zoned properties in the vicinity; and
4. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum site coverage and minimum open
0273g 1 ZA 89-32
• •
Page 2
Variance No. 3948
space requirement to construct a 520 sq.ft. room addition on an
irregularly-shaped parcel of land consisting of .approximately 5,610 sq.ft.,
having a frontage of approximately 45 feet on the north side of Westhaven
Drive, having a maximum depth of approximately 102 feet and further described
as 3157 Westhaven Drive; and that the Planning Director or his authorized
representative has determined that the proposed project falls within the
definition. of Categorical Exemptions, Class 5, as defined in the State EIR
Guidelines and is, therefore, categorically exempt from the requirement to
prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3948, subject to the following conditions:
1. That subject property .,shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through4.
2. That prior to final building and zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
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 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 twenty-fifth day
of May, 1989. ~ )/J~ ~ ~
NOTICE: This decision shall be
Council, in writing, accompanied
Clerk within 15 davs of the date
members. of the City Council shall
15 days.
Annika M. Santalahti
Zoning Administrator
come final unless an appeal to the .City
by an appeal fee, is filed with the City
of the signing of this decision or unless
request to review this decision within said
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.
DATED: May 25, 1989
02738
Pamela H. Starnes, Executive Secretary
2
ZA 89-32