Resolution-ZA 2005-28u
DECISION NO. ZA 2005-28
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A DECISION OF THE ZONING ADMINISTRATOR
AMENDING DECISION NO. ZA 2004-15, ADOPTED IN CONNECTION WITH
VARIANCE NO. 2004-04606
OWNER:
AGENT:
LOCATION:
CEQA STATUS:
HEARING DATE:
OPPOSITION:
Heather Drummond
862 S. State College Boulevard
Anaheim, CA 92806
Thomas Drummond
846 S. State College Boulevard
Anaheim, CA 92806
862 South State College Boulevard -Property consisting of 0.14-acre having a frontage
of 60 feet on the east side of State College Boulevard and located 394 feet north of the
centerline of Vermont Avenue.
CEQA Categorical Exemption, Class 1
November 10, 2005
No one indicated their presence at the public hearing in opposition to the proposal
and no correspondence was received in opposition.
REQUEST: Amend the conditions of approval adopted in connection Variance No. 2004-04606 to
modify the previously-approved exhibits to construct asecond-story addition to an
existing single family residence in the RS-2 (Single-Family Residential) Zone with the
following waivers:
(a) Sections 18.04.090.010 - Maximum rear Yard lot coverage.
and 18.74.040.020.0208 (35% permitted; 42% proposed)
(b) Sections 18.04.100.010.0101 - Minimum side Yard setback.
and 18.74.040.020.0205 (5 feet required; 3 feet existing and proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal
Code Section 18.60.020 (Establishment of Zoning Administrator position), 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:
FINDINGS
1. That on May 20, 2004, the Zoning Administrator approved Variance No. 2004-04606 for waivers
of maximum rear yard coverage (35% permitted, 42% approved) and minimum side yard setback (5 feet
required, 3 feet existing and approved) to construct a 1-story room addition and garage expansion to the
rear of an existing single-family residence in the RS-2 (Single-Family Residential) Zone; and that
Condition No. 1 of Decision No. ZA2004-15, adopted in connection with said variance, specifies that the
property shall be developed substantially in accordance with Exhibit Nos. 1, 2 and 3, which show a one (1)
story addition and expansion.
Tracking No. VAR2005-04668
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2. That the applicant has submitted revised plans labeled Revision No. 1 of Exhibit Nos. 2 (Floor
Plans, dated 8-24-05) and 3 (Building Elevations, dated 10-25-05) showing that a two (2) story addition is
proposed instead of the previously approved 1-story addition; that Exhibit No. 1 (Site Plan) remains the
same as originally approved; and that the requested waivers are the same as originally approved.
3. That the Findings originally adopted for Decision No. ZA2004-15 remain the same for the
proposed modification of Variance No. 2004-04606.
4. That the only difference between the proposed plans and the previously approved plans is the
addition of a second floor above the garage; that the building footprint, rear yard lot coverage and side
yard setback are the same as originally approved; and that, therefore, this request does not increase the
amount or type of waivers granted under the original approval.
5. That the second floor addition will be located in the rear of the property above the garage with
no windows facing the closest neighbor to the south and, therefore, this proposed modification will not
have an adverse impact on neighboring properties.
6. That another similar residential addition was constructed at 840 South State College Boulevard
in the neighborhood surrounding the subject property and, therefore, strict application of the Zoning Code
would deprive this property of privileges enjoyed by another nearby RS-2 zoned property.
7. That construction of a third garage parking space and an additional uncovered space will bring
this property into compliance with the current parking standards for single-family residential homes.
Based on the evidence and testimony presented to me, I do hereby amend Decision No. ZA2004-15,
adopted in connection with Variance No. 2004-04606, to amend the conditions of approval in their entirety
to read as follows:
1. 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, dated 3-20-04) and Revision No. 1 of Exhibit Nos. 2
(Floor Plans, dated 8-24-05) and 3 (Building Elevations, dated 10-25-05).
2. That the remaining open area in the yard between the house and the alley shall be retained such
that at least nine hundred seventy five (975) square feet is maintained for usable open recreational
leisure space based on the required rear yard for this property being one thousand five hundred
(1,500) sq. ft., the maximum permitted rear yard coverage being thirty five percent (35%) or five
hundred twenty five (525) sq. ft. and, therefore, the minimum required open space being sixty-five
percent (65%) or 975 sq. ft.
3. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping and building maintenance and the removal of trash or debris.
4. That prior to commencement of the activity authorized by this decision or within a period of two (2)
years from the date of this decision, whichever occurs first, a building permit shall be obtained for
the approved addition. Extensions for further time to complete this condition may be granted in
accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of
the Anaheim Municipal Code.
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.
Tracking No. VAR2005-04668
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This decision is made, signed, and entered into the file this 17th day of November 2005.
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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 fifteen (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 twelve (12)
davs of the signing.
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.
MAILING DATE: November 17, 2005
b'
at Chandler, Senior Secretary
Tracking No. VAR2005-04668
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