Resolution-ZA 2000-03
DECISION NO. ZA 2000-03
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4379, IN PART
OWNERS: Craig W. Mullin and Freshteh Mullin
6955 E. Shorecrest Drive
Anaheim, CA 92807
LOCATION: 6955 E. Shorecrest Drive
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: December 30, 1999
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal; and
that one letter in opposition was received.
REQUEST: Petitioner requests waivers of the following to construct a 350 sq.ft. addition to a
detached single-family residence:
(a) Sections 18.12.060.070 - Maximum lot coveraoe.
18.27.062.030 3( 5% permitted for detached single family
and 18.32.020.010 dwellings; 62% proposed)
(b) Sections 18.12.060.050 - Minimum side yard setback.
18.27.063.020 10 feet between structures required;
and 18.32.020.010 5 feet 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, based on the history of the underlying planned residential development, waivers (a) and (b)
are hereby approved, in part, to permit a maximum lot coverage of 53.5% (62% was proposed)
and a minimum side yard setback of eight feet between structures (five feet was proposed), which
standards are similar to what was originally approved by Conditional Use Permit No. 1430 (which
permitted construction of the underlying planned residential development).
2. That subject property was developed in the 1970's under Conditional Use Permit No. 1430 and is
one lot in a 157-lot, 33.8-acre, RM-2400 "Residential, Multiple-Family" zoned, planned residential
development with seven waivers inGuding minimum building site area (typical 2,992 sq.ft.
approved versus 7,200 sq.ft. required) and minimum side yard setback (8 feet between structures
approved versus 10 feet required); that the project consists of 157 °postage stamp" lots (typically
about 2,992 sq.ft. in size) with common lots for open space and recreational uses; that the
dwelling ground floor areas range from 1,370 to 1,610 sq.ft., resulting in lot coverages of 46% to
54%; and that the overall density is about 4.6 units pec acre, or 9,377 sq.ft. per dwelling.
3. That subsequent Zoning Code amendments established standards and regulations for both
attached and detached dwellings in planned residential developments, including condominiums;
and that under current Zoning Code standards, subject lot (which contains a detached one-family
dwelling in the RM-2400 zone) is subject to all the restrictions and regulations of the RM-5000
°Residential, Single-Family" zone.
ZA-V4379.doc - 1 of 2 - ZA2000-03
• •
4. That subject lot, as part of the surrounding planned residential development, is legally non-
conforrning because the existing lot size (about 3,302 sq.ft.) and lot coverage (about 51 %) do not
comply with current Zoning Code standards (minimum 5,000 sq.ft. lot size required and ma~amum
35% coverage permitted).
5. That strict application of the Zoning Code deprives this property of privileges enjoyed by other
properties in identical zoning cassification in the virinity because all the lots in this tract are
substantially smaller than required by current Code standards with lot coverages which exceed
Code standards; and that the proposal, as approved, is within the range of tot coverage and side
yard setbacks originally approved.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 4379, in part, subject to the following conditions:
That the subject property shall be developed in accordance with plans and sperifications 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; provided, however that the maximum lot coverage shall be fifty three
and five tenths percent (53.596) and the minimum side yard setback between structures shall be
eight (8) feet. Plans submitted for building permits shall accurately sperify the existing lot size, the
proposed lot coverage and the proposed side yard setback to the neighboring structure to the east.
(The lot coverage is the proposed building ground coverage, including the garage, divided by the
lot size).
2. 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, the petitioner shall submit sperific plans for a building permit
showing compliance with Condition No. 1,above-mentioned, and with all building and other applicable
codes. Said plans shall also show that the proposed addition is compatible with the design, materials
and colors of the existing dwelling. Extensions for further time to complete said condition may be
granted in accordance with Section 18.030.090 of the Anaheim Munidpal Code.
3. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Munidpal Zoning Code and any other applicable City, State, and
Federal regulations. Approval does not indude any action orfindings 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 6th day of January 2000.
~~
Annika M. Santalahti
Zoning Administrator
NOTICE: This derision shall become final unless an appeal to the City Councl, in writing, accompanied
by an appeal fee, is filed with the City Clerk within 15 davs of the date of the signing of this derision or
unless members of the City Council shall request to review this derision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby dedare under penalty of perjury that on the date set
forth below, I did deposit, in the United States Mail, a copy of the derision to the applicant and did forward
a copy to the City Clerk.
DATE: January 6, 2000 ` ~--1
Patricia Koral ~~J
Sr. Word Processing Operator
ZA-V4379.doc - 2 of 2 - ZA20t)D-03