Resolution-ZA 1995-14• •
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DECISION NO. ZA 95-14
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4275, IN PART
OWNER: GEORGE BRODY
P.O. Box 50383
Irvine, CA 92619-0383
LOCATION: 2082 and 2083 South Mountain View Avenue
CEQA STATUS: Negative Declaration
HEARING DATE: July 6, 1995
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to convert seven (7) garage spaces to
breezeway, storage and laundry room uses and to construct two 8-foot high wrought
iron security gates:
(a) Sections 18.04.043.101
18.12.060.090
and 18.34.064.070
(b) Sections 18.06.050.0121
18.06.080
18.12.060.110
and 18.34.066.010
Maximum fence heiaht.
Minimum number of harking spaces.
72 [64 covered] required;
33 covered spaces existing and 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:
That waiver (a) is hereby denied on the basis that the said fence height waiver was determined to
be unnecessary following public notification;
2. That subject variance pertains to two parcels located on opposite sides of the street and that these
apartment complexs were developed when the parking requirement was i'/4 parking spaces/unit,
as follows:
2082 South Mountain View Avenue 2083 South Mountain View Avenue
17 apartment units 15 apartment units
21 parking spaces in garages 19 parking spaces in garages
3. That the petitioner testified that a prior owner, after these apartment complexes were constructed,
converted certain parking spaces to other uses (breezeways, storage and laundry room) thereby
reducing the parking to 18 garage spaces at 2082 South Mountain View Avenue and 15 garage
spaces at 2083 South Mountain View Avenue; and that approval of waiver (b) "legalizes" the existing
parking situation;
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4. That the City Traffic and Transportation Manager has reviewed the submitted plans and determined
that the number of available and proposed spaces is adequate based on the actual use of the
property;
5. That parking waiver (b), under the conditions imposed, will not cause fewer off-street parking spaces
to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonably foreseeable conditions of
operation of such use because the number of parking spaces (that is proposed by this variance)
has existed for a number of years;
6. That waiver (b), under the conditions imposed, will not increase the demand and competition for
parking spaces upon the public streets in the immediate vicinity of the proposed use;
7. That waiver (b), under the conditions imposed, will not increase the demand and competition for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which
property is not expressly provided as parking for such use under an agreement in compliance with
Section i 8.06.010.020 of this Code);
8. That waiver (b), under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts, within the off-street parking areas or lots provided for such
use; and
9. That waiver (b), under the conditions imposed, will not increase traffic congestion, noise, air
pollution, or impede vehicular ingress to or egress from adjacent properties, upon the public streets
in the immediate vicinity of the proposed use.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS:
That the Zoning Administrator has reviewed the. proposal for waiver of maximum fence height and minimum
number of parking spaces to convert the use of seven (7) garage spaces for breezeway, storage and
laundry room uses and to construct two 8-foot high wrought iron security gates on two parcels: 2082 South
Mountain View Avenue (approximately 0.44 acre at the northeast corner of Orangewood Avenue and
Mountain View Avenue) and 2083 South Mountain View Avenue (approximately 0.44 acre at the northwest
corner of Orangewood Avenue and Mountain View Avenue); and does hereby approve the Negative
Declaration upon finding that she has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the initial study and any
comments received that there is no substantial evidence that the project will have a significant effect on the
environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 4275, in part, subject to the following conditions:
That the petitioner shat{ obtain any necessary permits (building, electrical, plumbing, etc.) for the
converted garages from the Building Division (now used for storage and breezeway at 2082 South
Mountain View Avenue, and laundry/storage and breezeway at 2083 South Mountain View Avenue).
2. 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.
3. That within a period of one (1) year from the date of this resolution, Condition No. 1,
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.
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This decision is made, signed, and entered into the file this 13/Jth day of July, 1995.
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Annika M. antalahti, 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.
DATE: July 13, 1995
Eleanor Fernandes, Senior Word Processing Operator
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