Resolution-ZA 1993-05"r
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DECISION NO. ZA 93-05
A DECISION OF THE ZONING ADMINISTRATOR
DENYING VARIANCE NO. 4212
OWNER: Leon Padilla
210 East Ellsworth, Anaheim, Ca 92805
AGENT: Miguel Angel Portillo
13800 East Avenue G-230, Lancaster, CA 93535
LOCATION: 210 East Ellsworth Avenue
DATE OF PUBLIC HEARING: January 7, 1993
CEQA STATUS: Categorical Exemption, Class 5
OPPOSITION: One person spoke in opposition to the proposal at the public hearing, and two letters
in opposition were received.
REQUEST: Petitioner requests waiver of the following under authority of Code Sections
18.12.060.030 and 18.12.060.060 to construct a 1,014 sq.ft. addition to an existing
single-family residence:
Sections 18.27.061.010 - Minimum Qpen space requirement.
18.27.062.030 0,850 sq.ft. lot required for 4-bedroom house;
and 18.27.062.031 4.563 saw existing)
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 heazing
having been duly noticed for and held on the date set forth above, I do hereby find:
1. That in 1990, subject property and the surrounding 16-acre neighborhood were rezoned RS-
5000 "Residential, Single Family" to more closely reflect the single family residential
chazacter of the azea and to protect existing single family uses from potential incursions by
multiple family residential uses;
2. That the existing lot is already smaller than required by the underlying RS-5,000 Zone
standazds in terms of both size (minimum 5,000 sq.ft. required fora 3 bedroom house) and
width (50 feet required, 41 feet existing), and that expanding the house to 4-bedrooms would
worsen the existing nonconforming situation;
3. That there aze no 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 because all the lots in the neighborhood aze similazly small in terms of both
size and width, and other existing houses .appear to conform to Code standards;
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VARIANCE NO. 4212
4. That strict application of the Zoning Code does not deprive the property of privileges enjoyed
by other properties in identical zoning classification in the vicinity, and that approving this
request could establish an undesirable precedent for future similaz requests in the azea; and
5. That two of the four bedrooms would have outside entrances only with no direct access from
the rest of the house, and such a design configuration lends itself to non-single family use of
the property (that is, multiple tenancy and occupancy by other than one family).
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of the minimum open space requirement to construct a 1,014 sq.8.
addition to an existing single-family residence on a rectangulazly-shaped parcel of land consisting of
approximately 4,563 sq.8., having a frontage of approximately 41 feet on the south side of Ellsworth
Avenue, having a maximum depth of approximately 113 feet, being located approximately 155 feet
east of the centerline of Claudina Street, and further described as 210 East Ellsworth Avenue; 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 of California
Environmental Impact Report (E1R) 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 deny Vaziance No.
4212
This decision is made, signed and entered into the file this fourteenth day of January, 1993.
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 declaze 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: January 14, 1993
za-4212.wp
Peggy
Acting Secretazy
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ZA 93-OS