Resolution-ZA 1990-32•
DECISION OF THE-ZONING ADMINISTRATOR - ZA 90-32
PETITION: VARIANC$ NO. 4057 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 1
DATE OF PUBLIC HEARING: June. I4, 1990
OPPOSITION: There were three people indicating their presence at the public
hearing in opposition to subject request; and that a petition
containing 26 signatures in opposition to the proposal was
received.
OWNER: JUDITH CAMPANILE
842 North Helena Street, Anaheim, CA 92805
LOCATION: 842 North Selena Street
REQUEST: ..Petitioner xequests waiver of -the following under authority of Code
.Section 18.12..060.070. to construct a 2-.car. garage for an existing
single-family residence:
Section 18.26.062.031 - Maximum lot coverage.
(3~ of required 25-foot deep rear yard
permitted; 62~ 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 request is minimal because the existing rear yard (52 feet deep)
is substantially deeper than the minimum required by Gode (25 feet); and
that the actual amount of back yard outdoor living area equals or exceeds
the minimum .amount required by Code;
2. 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
3. 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 lot coverage to .construct a
2-car garage for an existing single-family residence on a rectangularly-shaped
parcel of .land consisting of approximately 0.12 acre having a frontage of
approximately 50 feet on the east side of Helena Street, having a maximum
depth of approximately 109 feet, being located approximately 215 feet south of
the centerline of La Verne Street and further described as 842 North Helena
Street; and that the Planning Director or his authorized representative has
determined that the proposed project falls within the definition of
Categorical Exemptions, Class 1, as defined in the State EIR Guidelines and
is, therefore, categorically exempt from the requirement to prepare an EIR.
.04988 1 ZA 90-32
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Page 2
Variance No. 4057
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4057, subject to the following conditions:
1. * That the legal owner of subject property .shall irrevocably offer to
dedicate to the City of Anaheim a strip of land ten (10) feet in width
from the centerline of the alley along the east property line for alley
widening purposes.
2. .That the legal property owner of subject property shall prepare and
record an unsubordinated covenant agreeing that the original garage
(which has been converted to habitable living space) shall be used only
as accessory living space for the existing single family residence (as a
work .room/study/bedroom. with bathroom) and shall not be used, rented,
leased or atherwise occupied as a separate dwelling unit. A copy of the
.covenant shall. be submitted to and approved by the City .Attorney prior to
recordation with the Office of .the Orange County Recorder. A copy of the
recorded covenant shall be furnished to the Zoning Division.
3. * That due to the change in .use and/or occupancy of the original. garage
{which-'has been converted to habitable living space), plans shall be
submitted' to the Building Division showing compliance with the minimum
standards of the City bf Anaheim,- including the Uniform Building,
Plumbing, Electrical, Housing, Mechanical .and Fire Codes as adopted by
the City of'Anaheim. Appropriate permits shall be obtained for any
necessary work..
4. `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 and 2.
5. That prior to issuance of a building permit or within a period of one (1)
year from the date of .this decision, whichever occurs. first, Condition
Nos. 1 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 of the Anaheim Municipal Code.
6. That prior to final building and zoning inspections, Condition Nos. 3 and
4, above-mentioned, shall be complied with.
7. * 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. Conditions marked with an asterisk
(*) are required by established laws, codes, regulations and -agreements
and are not subject to negotiation.
0498q 2 ZA 90-32
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Page 3
Variance No. 4057
.This decision is made, signed, and entered into the .file this 21st day of
June, 1990.
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 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.
DATED: June 21, 1990
Margarit erez, Acting Secre ry
0498g 3 ZA 90-32