Resolution-ZA 2001-03~ ~
DECISION NO. ZA 2001-3
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4419, IN PART
OWNERS: Jose and Beverly Colon
1540 W. Tedmar Avenue
Anaheim, CA 92802
AGENT: Newland Construction, Inc.
428 S. Montgomery Way
Orange, CA 92868
LOCATION: 1540 West Tedmar Avenue
CEQA STATUS: CEQA Categorical Exemption, Class 1
HEARING DATE: January 25, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence was received in opposition.
REQUEST: Petitioner requests waivers of the following to permit a 781-square foot, one-story room
addition to the rear of an existing two-story single family residence:
(a) Section 18.12.060.070 - Maximum lot coverage.
and 18.27.062.030.031 (35% permitted in the RS-5,000 zone;
46% proposed)
(b) Section 18.12.060.060 - Minimum open space.
and 18.27.062.030.031 (7,550 sg.ft. lot required fora 6-bedroom
dwelling or 6,700 sg.ft. lot required for a
5-bedroom dwelling;
5,900 sg.ft. proposed, which is 1,650 sq.ft.
smaller than required fora 6-bedroom dwelling
and 800 sq.ft. smaller than required fora 5-
bedroom dwelling)
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 waiver (a), maximum lot coverage, is hereby approved on the basis that although
the proposed lot coverage is 46%, the square footage difference between the requirement and the
proposal is only 649 sq.ft.
2. That the proposal, as submitted, was fora 6-bedroom home (four existing bedrooms on
the second floor and two new bedrooms on the first floor) on a 5,900 sq.ft. lot; but that the petitioner
modified the proposal at the public hearing to reduce the number of bedrooms to five and thereby
reduced waiver (b) from a lot which is 1,650 sq.ft. (or 22%) smaller than required fora 6-bedroom home
to only 800 sq.ft. (or 12%) smaller than required fora 5-bedroom home.
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3. That this lot has 2,350 sq.ft. of usable open recreational space which is larger than may
typically be available elsewhere in the RS-5,000 zone because the front and rear yards (25 to 31 feet
deep and 23 feet deep) are significantly deeper than the minimum front and rear yards permitted by Code
(10 feet); and that the proposed addition will not visually intrude on neighboring residential lots because
the addition is only one-story high and will have a 23-foot setback from the rear property line.
4. That waiver (b), minimum open space, is hereby granted, in part, because the petitioner
modified the request at the public hearing and reduced the number of bedrooms from six to five, thereby
reducing the waiver from a 22% deviation from Code to only a 12% deviation.
5. That strict application of the Zoning Code would deprive this property of privileges
enjoyed by other RS-5000 zoned properties.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 2001-04419, in part, subject to the following conditions:
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, 2, 3 and 4; provided, however, that the six (6) bedrooms shown
on said plans shall be reduced to five (5) bedrooms (i.e., the two (2) bedrooms proposed on the first
floor shall be combined into one (1) bedroom).
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, revised plans shall be submitted for Planning Department review
and approval showing compliance with Condition No. 1,above-mentioned. Extensions for further
time to complete said condition may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
3 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.
This decision is made, signed, and entered into the file this 1st day of February 2001.
~ ~ ~ ~ ,~
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. ,~
a ~
DATE: February 1, 2001 ~
Patricia Koral
Sr. Word Processing Operator
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