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Minutes-ZA 2002/05/16ACTION AGENDA REGULAR MEETIfdG OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, MAY 16, 2002 9:30 A.M. Council Chambers, City Hall 200 South Anaheim Boulevard, Anaheim, California ZA051602.DOC Annika Santalahti, Zoning Administrator Carol Flynn, Deputy City Attorney PUBLIC HEARING ITEMS: David See, Senior Planner Patricia Koral, Senior Word Processor 1a. CEQA CATEGORICAL EXEMPTION. CLASS 3 1b. VARIANCE NO. 2002-04493 OWNER: Raul Pineda and Emilia Cano 512 S. Revere Street Anaheim, CA 92805 LOCATION: 512 South Revere Street. Property is 0.13-acre having a frontage of 60 feet on the on the east side of Revere Street, a maximum depth of 100 feet and is located 140 feet south of the centerline of Santa Ana Street. Waiver of maximum fence height (3 feet permitted; 6 feet 3 inches proposed) to permit and retain an existing unpermitted block wall with wrought iron panels within the required front yard setback of a single family residence in the RS-7200 (Residential, Single-Family) Zone. ZONING ADMINISTRATOR DECISION NO. ZA2002-15 Continued From the May 2, 2002 meeting . Concurw/Staff. • Approved with added condition 15 day appeal Sr1079cw.doc Project Planner: (cwao n e rCo~a n aheim. com) 0l S. 103 Present: AI Devile, Representative for the Raul Pineda and Emilia Cano Mr. Devile submitted a petition for the project. OPPOSITION: Two people spoke at the May 2, 2002 public hearing with concerns; that no one indicated their presence at the May 16, 2002 hearing in opposition; and that no correspondence in opposition was received. No one else was present wishing to speak for or against the project and no correspondence was received. The Zoning Administrator hereby finds the following findings Page -1- 5/16/02 1. That the waiver is hereby approved on the basis that there is a special circumstance applicable to this residential area because of its location close to State College Boulevard; and that traffic and other undesirable activities generated along State College Boulevard overflow to this residential neighborhood and impact its livability, as reflected in the petitioner's investigation and research and documented in his January 18, 2002 letter submitted to the Zoning Administrator. 2. That the design and scale of this decorative fence, which consists of a 30-inch high block wal with 4-foot, 7-inch high block pilasters and wrought iron panels and having an overall maximum height of 6 feet, 4 inches, is compatible with the surrounding neighborhood. 3. That strict application of the Code deprives this property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. That approval of this fence includes painting orcolor-stocking the sides of the block walls facing the adjacent residential lots to the north and south and which are visible to Revere Street, to match or otherwise be compatible with subject fence and with any block walls on the adjacent lots, subject to approval by the adjacent neighbors; and that a copy of this Decision will be mailed to the adjacent neighbors to the north (the concerned persons who spoke at the May 2, 2002, meeting) and to the south. Based on the evidence and testimony presented, the Zoning Administrator has determine to approve Variance No. 2002-04493, subject to the following conditions: 1. That the appropriate permits shall be obtained from the City of Anaheim for (i) the existing block wall with wrought iron panels in the front yard and (ii) the existing block wall along the north property line where blocks were added to raise the wall height, as required by Building Division. 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 No. 1 (site plan) and Exhibit Nos. 2 and 3 (four photographs of the .property), and as conditioned herein. 3. That within a period of six (8) months from the date of this decision, Condition Nos. 1, 2 and 5, herein 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. 4. 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. 5. That the front twenty five (25) feet or more of the block wall facing the adjacent lots to the north and south, which block walls can be seen from Revere Street, shall be finished (color stuccoed or painted) to match, or otherwise to be compatible with, the color of the existing block wall with wrought iron panels at 512 South Revere Street; and that the proposed stucco or paint color shall be approved by the adjacent property owners at 506 South Revere Street and 516 South Revere Street; and that the applicant shall submit a letter to the Zoning Division (i) specifying the color of the stucco or paint and (ii) indicating that the neighbors were contacted and gave their approval; provided, however: (a) If either adjacent property owner wants their side of the block wall (facing their yard) to be color stuccoed or painted a different neutral color {which does not match the existing block wall color in the front yard at 512 South Revere Street), such color shall be subject to Zoning Division staff review and approval to verify compatibility with the existing block wall and with any existing block wall and/or dwelling on such adjacent lot; and/or Page -2- 5116/02 (b) If either adjacent property owner wants their side of the block wall to remain as-is (that is, not to be color stuccoed or painted) or refuses to allow the applicant to refinish their side of the block. --- wall, the applicant shall provide a letter to the Zoning Division so-indicating. In that case Zoning Division staff may contact that property owner to verify their decision. Page -3- 5/16/02 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 • Concur w/Staff ' 2b. VARIANCE NO. 2002-04481 • Approved in part and modification to OWNER: J I Saldivar condition no. 2. 619 South Philadelphia Street Anaheim. CA 92805 LOCATION:: 619 South Philadelphia Street: Property is 0.11 acre, having a frontage of 46 feet on the west side of Philadelphia Street, a maximum depth of 109 feet, and is located 279 feet south of 15 day appeal period. the centerline of Water Street. Waiver of minimum required open space {deleted) and minimum number, Sr 8299an.doc type and design of off-street parking spaces to construct aone-story kitchen, bedroom, and bathroom addition, and to retain an existing unpermitted Project Planner: l d b d t t th d t h d i ti ith (anovak at7anaheim.net) p ayroom an a room a jacen o a e ac e garage, n conjunc on w a single-family residence in the RS-5000 (Residential, Single-Family) Zone. oS 84 ZONING ADMINISTRATOR DECISION NO. ZA2002-16 Continued from the meetings of March 7, April 4, and May 2, 2002. Presenh son of the owner. Opposition: No one indicated their presence at the public hearing in opposition to the proposal; and no correspondence in opposition was received The Zoning Administrator hereby finds the following findings: 1. That waiver (a), minimum required open space, is hereby denied because the waiver was deleted by modification of the building plans to clarify that the addition (one-story, consisting of an expanded kitchen and a new bedroom and bathroom) does not add a fourth bedroom to the house (which would increase the required open space). 2. That waiver (b), minimum number, type and design of parking spaces, is hereby approved on the basis that open parking for up to 4 cars is available on the 87-foot long driveway in addition to the space in the garage, for a total of 5 spaces which exceeds the minimum required parking fora 3-bedroom single-family dwelling (4 spaces). 3. That the existing lot and dwelling are legally nonconforming because the property was subdivided and the dwelling constructed before the property was reclassified to the RS-5000 zone; and that the nonconformity's consist of the following: • The existing lot size {4,929 sq.ft.) is 1 % smaller than required by Code (5,000 sq.ft.), • The lot width (46 feet) is 8% narrower than required (50 feet), • The existing house size (860 sq.ft.) is 30% smaller than required (1,225 sq.ft.), • The existing garage accommodates only one car (2 covered spaces required); and Page -4- 5/16102 That the proposal (259 sq.ft. house addition) results in a 1,119 sq.ft. house, which does not violate the permitted lot coverage or available open space requirements; and that the addition to the house does not expand the dwelling size or bedroom count unreasonably and, other than waiver of one required covered parking space, the proposed expansion to the existing single-family house in the RS-5000 zone does not .require Code waivers. 4. That the parking waiver, 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 the proposed use under the normal and reasonably foreseeable conditions of operation of such use. 5. That the parking waiver, 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 and will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because a total of 5 parking spaces will be available, where 4 spaces are required by Code. 6. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for such use because the proposal is for expansion of a single-family dwelling; and that the dwelling, as proposed to be expanded, will not significantly increase the overall floor area or number of bedrooms. 7. That the parking waiver, under the conditions .imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposal. The Zoning Administrator has determined to approve Variance No. 2002-04481, in part, subject to the following conditions: That the number of bedrooms on this property shall be limited to a maximum of three (3) unless a variance is granted for waiver of minimum required open space in the RS-5000 (Residential, Single- Family) zone. 2. (a) That the appropriate permits (building, plumbing and/or electrical permits, including permits for any demolition or for removal of any plumbing or electrical facilities) shall be obtained and finalized, as required by the Building Division for the house addition and for the room adjoining the detached garage; and that said room shall be used as storage area, workshop and/or tool shed only (i.e., not as dwelling space). (b) That any permits obtained from the City of Anaheim for the house addition or for the room attached to the garage shall be kept up-to-date and finalized, as required by the Building Division. (c) That the room adjoining the garage shall not be used for living space such as a bedroom, or for occupancy as a separate dwelling unit; and that the property owner shall submit a letter to the Zoning Division so-verifying. 3. 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 (elevation), and as conditioned herein. 4. That within a period of one (1) year from the date of this decision, whichever occurs first, Condition Nos. 2 and 3, 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. Page -5- 5/16/02 5. 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. Page -6- 5/16/02 3a. CEQA CATEGORICAL EXEMPTION, CLASS 3 3b. VARIANCE NO. 2002-04501 OWNER: Jim H. Roberts 20379 Fallen Oak Yorba Linda, CA 92886 AGENT: Antonio Tang Promaster Dev., INC 23447 Golden Springs Drive Diamond Bar, CA 91765 LOCATION: 357 South Ramsgate Drive. Property is 0.71-acre property has a frontage of 80 feet on the west side of Ramsgate Drive, has a maximum depth of 265 feet and is located 190 feet north of the centerline of Whitestone Drive. Waiver of maximum structural height to permit the construction of a new two-story, single-family residence in the RS-HS-22,000 (SC) (Residential, Single-Family Hillside; Scenic Corridor Overlay) Zone. ZONING ADMINISTRATOR DECISION NO. a CONTINUED TO " " May 30, 2002. 15 day appeal Sr8295kb.doc Project Planner: (khassra7anaheim.coml OS. 197 Present: Antonio Tang. OPPOSITION/CONCERNS: Ali Kabiri, 365 S. Ramsgate Drive, Anaheim, CA 92807 and Alfred Lin, 347 Royal Ridge, Anaheim, CA 92807. Page -7- 5/16/02 4a. CEQA CATEGORICAL EXEMPTION, CLASS 3 o Continued to 4b. VARIANCE NO. 2002-04502 May 30,.2002 OWNER: Maria G. Delgadillo fi26 N. Rose Street Anaheim, CA 92805 AGENT: Lorena Garcia 15 day appeal period. 521 North East Street Anaheim, CA 92805 Sr8292an.doc LOCATION: 626 North Rose Street :Property is 0.16-acre property located Project Planner: at the southeast corner of Rose Streetand Wilhelmina Street (626 North Rose (anovakna ananeim.net> Street). OS. 92 Waiver of maximum fence height to retain and permit existing unpermitted 5 foot high block wall pilasters and the construction of new 4-foot high wrought iron panels in between the pilasters, within the required front yard setback of a single-family residence in the RS-7200 {Residential, Single-Family) Zone. ZONING ADMINISTRATOR DECISION NO, Present: Lorena Garcia, 626 N. Rose St., Anaheim, CA 92805. No one else was present wishing to speak for or against the project and no correspondence was received. 5. ITEMS OF PUBLIC INTEREST: NONE. MEETING ADJOURNED TO NEXT MEETING ON MAY 30, 2002. Page -8- 5/16/02