HomeMy WebLinkAbout7-23-25 VAR-2263 - 991 N. Wonder View Drive - Detached Accessory Storage Structure Page 1 of 8
AGENDA ITEM
ZONING ADMINISTRATOR
Item #: 2.1 7/23/2025
TO: Anna Pehoushek, Zoning Administrator
THRU: Hayden Beckman, Planning Manager
FROM: Angelo Huang, Assistant Planner
1. SUBJECT
Public hearing to consider a request for a variance to deviate from the Orange Municipal Code (OMC)
and construct a new 660-square-foot detached accessory storage structure, and finding of CEQA
exemption, located at 991 N. Wonder View Drive (Variance No. 2 263).
2. SUMMARY
The applicant proposes to construct a new 660 -square-foot detached accessory storage structure on
an existing single-family lot. The 1.49-acre site is currently improved with a 1,335-square-foot residence
and multiple accessory structures totaling approxim ately 2,600 square feet. A variance is requested to
deviate from OMC Section 17.14.160.E, which limits the total aggregate square footage of all accessory
structures to 50% the square footage of the principal structure.
3. RECOMMENDED ACTION
1. Conduct and open the Public Hearing.
2. Approve Conditional Use Permit No. 3238 for the construction of an 80 -square-foot
accessory pool bathroom attached to an existing single-family residence subject to
recommended conditions of approval.
3. Find the request categorically exempt from the California Environmental Quality Act (CEQA)
in accordance with Section 15303 of the State CEQA Guidelines.
4. AUTHORIZATION GUIDELINES
OMC Section 17.10.040 authorizes the Zoning Administrator to review and take action on Variances
for the waiver of building site requirements for buildings construcuted on a single lot which do not
conform to the requirements of the OMC.
5. PROJECT BACKGROUND
Applicant: Chantal Molnar
Item #: 2.1 7/23/2025
Page 2 of 8
Property Owner Frank and Chantal Molnar
Property Location 991 N. Wonder View Drive
Existing General Plan
Land Use Element Designation
Estate Low Density Residential 1-2 du/ac (ESTR)
Existing Zoning Classification Single-Family Residential 20,000 square feet (R-1-20)
Old Towne N/A
Specific Plan/PC N/A
Site Size 1.49 acres (65,165 square feet)
Existing Conditions The site is currently improved with a 1,335-square-foot single-family
dwelling, a 1,980-square-foot detached workshop/garage building,
and multiple accessory structures totaling approximately 2,600
square feet. The site is irregularly shaped with a varied topography,
including a steep hill located behind the primary residence.
Surrounding Land Uses and
Zoning
Single-family homes zoned Single-Family Residential 20,000 square
feet (R-1-20), Single-Family Residential 8,000 square feet (R-1-8), and
Single-Family Residential 10,000 square feet (R-1-10).
Previous
Applications/Entitlements
Existing Garage/storage structure was built and approved in 1999
(Permit # 9910-054).
6. PROJECT DESCRIPTION
OMC Section 17.14.160 provides development standards for accessory structures. The Code further
describes that “the purpose of the standards is to accommodate residential accessory structures that
provide conveniences and amenities for single -family residences, while ensuring preservation of
neighborhood quality and character”. The applicant requests a variance to deviate from OMC Section
17.14.160.E, which limits the total aggregate square footage of all accessory structures on a lot to 50%
the square footage of the principal structure.
The 1.49 acre site is currently improved with a 1,335-square-foot single-family home built in 1930, a
detached 1,980-square-foot workshop/garage, and multiple non-habitable accessory structures totaling
approximately 620 square feet. The existing floor area ratio (FAR) for the property is 6% and the OMC
maximum allowed FAR is 40%. The site is irregularly shaped with a varied topography, including a
steep hill located behind the primary residence.
The applicant proposes to construct a new 660 -square-foot detached accessory storage structure
behind the existing workshop/garage building. The resulting FAR would be 7%, well below the OMC
maximum allowed FAR of 40%. The applicant’s intent is to convert the workshop/garage into an ADU
for use by their children, and provide a conveniently located enclosed storage area for the displaced
Item #: 2.1 7/23/2025
Page 3 of 8
workshop equipment, most of which is used for the maintenance of their large property. The
construction of the detached storage structure and transfer of workshop equipment would need to take
place before the applicant could proceed with the ADU conversion .
The proposed storage structure has a utilitarian design, is 22 feet -10 inches tall, and has a gabled roof
line. The exterior materials consist of concrete masonry block and asphalt composition shingles. The
building will be painted to match the existing buildings on the property.
Development Standards
Required Proposed Code Section
Building Height 32 feet or 2 stories 22 feet-10 inches,
single story
17.14.070
Distance between structures 6 feet 7 feet 17.14.120
Floor Area Ratio (FAR) 0.40 Maximum 0.07 17.14.070
Lot size (residential) 65,165 square feet 65,165 square feet 17.14.070
Setback, Front 20 feet Greater than 20 feet 17.14.070
Setback, Rear 10 feet Greater than 10 feet 17.14.070
Setback, Side 5 feet 5 feet 17.14.070
7. PROJECT ANALYSIS
OMC Section 17.14.160.E stipulates that “the total aggregate square footage of all attached or
detached accessory structures on a lot shall not exceed 50% of the square footage of the principal
structure”. The total square footage of all existing accessory structures on the property is 2,600 square
feet, which currently exceeds 50% the square footage of the existing residence by 1,932 square feet
(195% of the existing residence). The applicant is requesting a variance to further deviate from the
square footage limitation for the construction of a new 660 -square-foot accessory storage structure.
The new total aggregate square footage of accessory structures, including the proposed storage
structure will be 3,260 square feet, which is 2,592 square feet in excess of the code requirement (244%
of the existing residence).
A Variance is requested because of special circumstances applicable to the property, including the lot
size, shape, topography, location, and surroundings. In order to comply with the 50% accessory
structure size limitation development standard, the existing residence would need to be 6,520 square
feet, which would total a 0.15 FAR, well in compliance with the maximum 40% total allowed FAR. No
addition is proposed for the home. The existing 1930 Bungalow-style home has not been surveyed for
Item #: 2.1 7/23/2025
Page 4 of 8
inclusion in the City’s historic resource inventory but may qualify at a future time. A substantial addition
to the existing primary dwelling, to enable the proposed accessory structure to be code compliant, may
compromise the dwelling’s character, style, and potential historic integrity.
The 1.49-acre (65,165 square feet) site is substantially larger than surrounding properties in the
neighborhood, as it is three times the average 20,000-square-foot minimum lot size. This makes the
existing FAR of 6% the lowest out of all the surrounding p roperties, with the average being
approximately 15%. Current Code allows a maximum FAR of 40%. The proposed accessory storage
structure would increase the existing FAR total to 7%, which is well below the average FAR of the
neighborhood and, well below the Code requirement. An analysis of the maximum potential amount of
dwelling unit square feet per lot was conducted for the project site and neighborhood properties. Using
the maximum potential amount of dwelling unit square feet, the potential allowed acces sory structure
square feet was derived for all properties. The subject property would be authorized only 9% of the lot
area for accessory structures whereby most neighborhood lots would be authorized to utilize 20 -30%
of their lot area for accessory structures. The applicant is only seeking to use 5% of their lot area for
accessory structures, with the addition of the new storage building. (See Attachment 6 - 991 N Wonder
View Drive Property and Neighborhood Analysis)
The property exhibits varying topography, and the existing dwelling is located adjacent to a hillside.
Expanding the primary residence to accommodate code compliance with the 50% accessory structure
OMC requirement for the proposed accessory structure may be economically infeasible due to the
steep hillside located directly behind the house. (See Attachment 4 - Existing Site Photographs)
Construction of the new accessory storage structure will provide equipment storage for maintaining the
large property The new storage structure is compliant with the residential development standards in
terms of building height, setbacks, FAR, and distance to other structures, with the exception of the
requested Variance. The large property size, topography, lesser potential % of lot area to cover with
accessory structures compared to neighboring properties, and potential impracticality of expanding the
main residence to accommodate the square footage of an additional accessory structure creates an
undue burden on the homeowners and deprives them of FAR and accessory structure square feet
privileges enjoyed by, or potentially enjoyed by, other properties in the area.
The applicant has submitted three letters in support of the project from their neighbors (Attachment 7).
8. PUBLIC NOTICE
On July 10, 2025, the City sent a Public Hearing Notice to a total of 68 property owners/tenants within
a 300-foot radius of the project site and persons specifically requesting notice. The project site has
been posted in three locations with the notification on that same date.
9. ENVIRONMENTAL REVIEW
Categorical Exemption: The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 -New
Construction or Conversion of Small Structures) because the project consists of the constructi on of a
new small (<10,000 SF in urbanized area) detached accessory structure zoned for such use, not
involving the significant use of hazardous substances, where all necessary public services are
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available, and where the area is not environmentally sensitive. There is no environmental public review
or notice required for a categorical exemption.
10. ADVISORY BOARD ACTION
None.
11. STAFF RECOMMENDATION AND REQUIRED FINDINGS
Findings are applied as appropriate to each project. Based on the following Findings and statements in
support of such Findings, staff recommends the Zoning Administrator approve the project with
recommended conditions.
1. A variance shall be granted if special circumstances applicable to subject property, including
size, shape, topography, location or surroundings, the strict application of the zoning ordinance
is found to deprive the subject property of privileges enjoyed by other properties in the vicinity
and under identical zone classification. (OMC 17.10.040.E.1)
The OMC restricts the construction of the proposed storage structure due to the square footage
limitations for accessory structures in a residenital zone. However, the subject property's unique
circumstances warrant a variance. Notably, the property's substantial lot size of 65,165 square
feet significantly exceeds the average lot size of surrounding properties (approximately 22,000
square feet), resulting in the lowest Floor Area Ratio (FAR) in the neighborhood despite the
proposed FAR increase from 6 to 7.05%%.
Strict application of the Code would deprive the property owner of privileges enjoyed by
neighboring properties, as the average FAR of the neighboring properties is about 15 % but the
applicant is only seeking 7.05%. Furthermore, an analysis of the maximum potential amount of
dwelling unit square feet per lot was conducted for the project site and neighborhood properties.
Using the maximum potential amount of dwelling unit square feet, the potential allowed
accessory structure square feet was derived for all properties. The subject property would be
authorized only 9% of the lot area for accessory structures whereby most neighborhood lots
would be authorized to utilize 20-30% of their lot area for accessory structures. The applicant is
only seeking to use 5% of their lot area for accessory structures, with the addition of the new
storage building.
The property exhibits varying topography, and the existing dwelling is located adjacent to a
hillside. Expanding the primary residence to accommodate code compliance with the 50%
accessory structure OMC requirement for the proposed accessory structure may be
economically infeasible due to the steep hillside located directly behind the house.
The existing 1930 Bungalow-style home has not been surveyed for inclusion in the City’s historic
resource inventory but, may qualify at a future time. A substantial addition to the existing primary
dwelling to enable the proposed accessory structure to be code compliant may compromise the
dwelling’s character, style, and potential historic integrity. Hence, allowing for a greater % of
accessory structures in relation to the primary dwelling size could preserve a potentially historic
structure. .
Item #: 2.1 7/23/2025
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Construction of the new accessory storage structure will provide equipment storage for
maintaining the large property The new storage structure is compliant with the residential
development standards in terms of building height, setbacks, FAR, and distance to other
structures, with the exception of the requested Variance.
2. The variance granted shall be subject to such conditions which will assure that the authorized
adjustment shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which subject property is located. (OMC
17.10.040.E.2)
Conditions will be placed such that no additional square footage to the total aggregate square
footage of all accessory structures will be permitted until the site has achieved code compliance
with the exception that is requested within the variance. T he subject property's unique shape,
size, topography, and historic potential distinguishes it from surrounding properties. Granting
this variance would not constitute a grant of special privilege for the subject property, as both
the proposed FAR and % of potential accessory structure square feet to lot area remains the
lowest in the neighborhood.
12. CONDITIONS
1. This project is approved as a precise plan. All work shall conform in substance and be
maintained in general conformance with the plans (date stamped approved July 23, 2025),
including modifications required by the conditions of approval, and as recommended for approval
by the Zoning Administrator. After the application has been approved, if changes are proposed
regarding the location or alteration of any use or structure, a changed plan may be submitted to
the Community Development Director for approval. I f the Community Development Director
determines that the proposed change complies with the provisions and the spirit and intent of
the approval action, and that the action would have been the same for the changed plan as for
the approved plan, the Community Development Director may approve the changed plan without
requiring a new public hearing. If the Community Development Director determines that any
proposed change is substantial, he may refer the plans to the Zoning Administrator for
subsequent review and determination.
2. The applicant agrees, as a condition of City’s approval of Variance No. 2263, to indemnify,
defend, and hold harmless, at applicant’s expense, the City, its officers, agents, and employees
(“City”) from and against any claim, action or proceeding brought against the City, including, but
not limited to, any claim, action or proceed ing commenced within the time period provided in
Government Code Section 66499.37 to attack, review, set aside, void or annul the City’s
approval, to challenge the determination made by the City under the California Environmental
Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any condition
attached hereto. City shall promptly notify applicant of any such claim, action or proceeding to
which the City receives notice and to cooperate fully with the applicant in the defense th ereof.
Applicant shall reimburse the City for any and all costs and expenses, including, but not limited
to, court costs and attorney’s fees that the City may be required to pay, including any expenses
ordered by a court or expenses incurred through the Of fice of the City Attorney in connection
with said claim, action or proceeding. City may, in its sole discretion, participate in the defense
Item #: 2.1 7/23/2025
Page 7 of 8
of any claim, action or proceeding but such participation shall not relieve applicant of the
obligations of this condition. In the event the applicant is required to defend City in connection
with such claim, action or proceeding, City shall have the right to approve counsel to so defend
the City, approve all significant decisions concerning the manner in which the defense is
conducted and approve any all settlements, which approval(s) shall not be unreasonably
withheld. The obligations set forth herein remain in full force and effect throughout all stages of
litigation including any and all appeals of any lower court judgment rendered in the proceeding.
Further, applicant agrees to indemnify, defend and hold harmless the City for all costs and
expenses incurred in enforcing this provision.
3. The applicant shall comply with all federal, state, and local laws, including all City regulations.
Violation of any of those laws in connection with the use may be cause for revocation of this
permit.
4. The final approved conditions of approval shall be reprinted on the first or second page of the
construction documents when submitting to the Building Division for the plan check process.
5. Construction permits shall be obtained for all future construction work, as required by the City of
Orange, Building Division. Failure to obtain the required building permits will be cause for
revocation of this permit.
6. If not utilized, project approval expires 24 months from the approval date. Extensions of time
may be granted in accordance with OMC Section 17.08.060.
7. All other construction activities shall conform to the City’s Noise Ordinance, OMC Chapter
8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through
Saturday. No construction activity will be permitted on Sundays and Federal ho lidays.
8. All other construction activities shall conform to the City’s Noise Ordinance, OMC Chapter
8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday through
Saturday. No construction activity will be permitted on Sundays and Federal ho lidays.
9. Any future additions to the total aggregate square footage of all accessory structures is
prohibited unless the site reaches code compliance with the allowed total aggregate square
footage.
10. A building permit shall not be issued for the storage structure until such time that a building
permit is concurrently issued for conversion of the existing shed to an accessory dwelling unit.
13. ATTACHMENTS
• Attachment 1 - Draft Zoning Administrator Action Letter with Recommended Conditions of
Approval
• Attachment 2 - Vicinity Map
Item #: 2.1 7/23/2025
Page 8 of 8
• Attachment 3 - Applicant’s Letter of Explanation
• Attachment 4 - Existing Site Photographs
• Attachment 5 - Project Plans
• Attachment 6 - 991 N Wonder View Drive Property and Neighborhood Analysis
• Attachment 7 – Neighbor Letters of Support
CITY OF ORANGE PLANNING DIVISION | (714) 744-7220
COMMUNITY DEVELOPMENT DEPARTMENT
WWW.CITYOFORANGE.ORG • 300 E. CHAPMAN AVENUE • ORANGE, CA 92866-1508
July 23, 2025
VIA ELECTRONIC MAIL
Chantal Molnar
991 N. Wonder View Drive
Orange, CA 92869
chantalmolnar@gmail.com
Dear Chantal Molnar:
RE: Variance No. 2263 – Molnar Residence Accessory Structure at 991 N. Wonder
View Drive (APN: 379-311-19)
Thank you for submitting your application and plans for Variance No. 2263, a request for
an exception from the Orange Municipal Code (OMC) to construct a new 660-square-foot
detached accessory structure that exceeds the allowed total aggregate square footage of
all accessory structures.
Variance No. 2263 was forwarded to me, as Zoning Administrator, for consideration and
final determination pursuant to Orange Municipal Code (OMC) Section 17.10.0 30. This
letter serves as written notice that your application has been approved subject to the
Conditions of Approval stated below:
1. This project is approved as a precise plan. All work shall conform in substance and
be maintained in general conformance with the plans (date stamped approved July
23, 2025), including modifications required by the conditions of approval, and as
recommended for approval by the Zoning Administrator. After the application
has been approved, if changes are proposed regarding the location or alteration
of any use or structure, a changed plan may be submitted to the Community
Development Director for approval. If the Community Development Director
determines that the proposed change complies with the provisions and the spirit
and intent of the approval action, and that the action would have been the same
for the changed plan as for the approved plan, the Community Development
Director may approve the changed plan without requiring a new public hearing. If
the Community Development Director determines that any proposed change is
substantial, he may refer the plans to the Zoning Administrator for subsequent
review and determination.
2. The applicant agrees, as a condition of City’s approval of Variance No. 2263, to
indemnify, defend, and hold harmless, at applicant’s expense, the City, its officers,
agents, and employees (“City”) from and against any claim, action or proceeding
brought against the City, including, but not limited to, any claim, action or
proceeding commenced within the time period provided in Government Code
Conditional Use Permit No. 3238
7/23/2025
Page 2
Section 66499.37 to attack, review, set aside, void or annul the City’s approval, to
challenge the determination made by the City under the California Environmental
Quality Act (“CEQA”) or to challenge the reasonableness, legality or validity of any
condition attached hereto. City shall promptly notify applicant of any such claim,
action or proceeding to which the City receives notice and to cooperate fully with
the applicant in the defense thereof. Applicant shall reimburse the City for any and
all costs and expenses, including, but not limited to, court costs and attorney’s fees
that the City may be required to pay, including any expenses ordered by a court or
expenses incurred through the Office of the City Attorney in connection with said
claim, action or proceeding. City may, in its sole discretion, participate in the
defense of any claim, action or proceeding but such participation shall not relieve
applicant of the obligations of this condition. In the event the applicant is required
to defend City in connection with such claim, action or proceeding, City shall have
the right to approve counsel to so defend the City, approve all significant decisions
concerning the manner in which the defense is conducted and approve any all
settlements, which approval(s) shall not be unreasonably withheld. The obligations
set forth herein remain in full force and effect throughout all stages of litigation
including any and all appeals of any lower court judgment rendered in the
proceeding. Further, applicant agrees to indemnify, defend and hold harmless the
City for all costs and expenses incurred in enforcing this provision .
3. The applicant shall comply with all federal, state, and local laws, including all City
regulations. Violation of any of those laws in connection with the use may be cause
for revocation of this permit.
4. The final approved conditions of approval shall be reprinted on the first or second
page of the construction documents when submitting to the Building Division for
the plan check process.
5. Construction permits shall be obtained for all future construction work, as required
by the City of Orange, Building Division. Failure to obtain the required building
permits will be cause for revocation of this permit.
6. If not utilized, project approval expires 24 months from the approval date.
Extensions of time may be granted in accordance with OMC Section 17.08.060.
7. All other construction activities shall conform to the City’s Noise Ordinance, OMC
Chapter 8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m.
Monday through Saturday. No construction activity will be permitted on Sundays
and Federal holidays.
8. All other construction activities shall conform to the City’s Noise Ordinance, OMC
Chapter 8.24, and shall be limited to the hours between 7:00 a.m. and 8:00 p.m.
Monday through Saturday. No construction activity will be permitted on Sundays
and Federal holidays.
Conditional Use Permit No. 3238
7/23/2025
Page 3
9. Any future additions to the total aggregate square footage of all accessory
structures is prohibited unless the site reaches code compliance with the allowed
total aggregate square footage.
10. A building permit shall not be issued for the storage structure until such time that
a building permit is concurrently issued for conversion of the existing shed to an
accessory dwelling unit.
Notification of the Zoning Administrator determination on Variance No. 2263 was posted
at the subject property on Click or tap to enter a date.. The determination of this entitlement
is subject to a 7-business day appeal period. If you have any questions or require
additional information, please contact Angelo Huang, Assistant Planner, at (714) 744-
7203 or via email at ahuang@cityoforange.org.
Sincerely,
_____________________________________
Anna Pehoushek, FAICP, Zoning Administrator
Vicinity Map
991 N. Wonder View Drive
Variance No. 2263
City of Orange
Community Development Department
Request for Variance
Mr. Frank and Ms. Chantal Molnar
991 North Wonderview Drive
PROJECT BACKGROUND:
My husband and I, Frank and Chantal Molnar, are long time Orange residents. I was born at
St Joseph’s Hospital in Orange and grew up in Orange Park Acres long before it became the
high-priced equestrian property that it is now. There was a huge chicken ranch next door to
our home and another one just around the horseshoe on Meads. It was quite rural and mostly
orange groves. My parents were Sunkist Growers, and we had one acre of Valencia Oranges.
I attended Villa Park High, then Santa Ana College before going to Nursing School. After I
graduated as an RN, I spent my 24-year nursing career at UCIMC in Orange. I met my
husband in his first year of teaching at Santa Ana College. He taught Sculpture and 3-
dimensional Design for over 33 years.
We bought our home in 1985. It was two acres with a small, old, tear-down house on it. We
applied to 11 loan companies before anyone would loan us the money to buy it because it
was “land-heavy.” Santa Barbara Savings, its office across the street from Orange City Hall,
finally saw the potential after a loan officer met Frank and saw what he planned to do.
Aerial view of the property in relationship to adjacent properties.
Looking west at the house and property in 1985, just after the primer went on:
View of property looking west before renovations and improvements:
Aerial View of property prior to improvements to the lot:
My husband renovated this old home that many would have torn down. Gradually, over time,
we continued to improve the property. Frank did all the work himself, including the Studio
that he built with his own hands and the broken cement patios and stairways that kept all
that concrete from going into the landfill.
After extensive renovations, looking east from Glen Albyn Lane at the renovated house:
Frank installed solar panels to power both our home and his workshop. They are on trackers
so the panels follow the sun and are in the midst of our boutique vineyard he planted in the
1990’s:
Workshop built in 1999 that has been approved to be converted to ADU:
View looking west at residence during this year’s Spring rainstorm:
“Stairway to Heaven” built with reclaimed broken concrete after rain this Spring:
Patio of reclaimed broken concrete looking North toward
Frank’s studio that will be converted to ADU:
Recent aerial view of property. Notice the Vineyard terraces:
We have always been very community-minded and have no intention of building something
unsightly or that would bother our neighbors. There is only one neighbor that will be able
to see the shed. There is one more that might, but they would have to intentionally peer
through a line of trees that blocks their view to that part of our yard. Included with our
application are letters of support from those neighbors that may be affected.
Aerial view of proposed location of shed outlined in yellow:
Another factor to consider is that our property was in the County of Orange when we first
purchased it. In 1992, we and other neighbors in our hillside community decided to annex
it into the city. At that time, we provided a massive easement to the City of Orange Water
Department without compensation. We could have easily connected to the city water line
and allowed our neighbors to find other ways to connect. With our neighbors in mind, we
provided an approximately 6,000 square foot (.138 acre) easement that made access to city
water much easier for them. Because of that easement, not only were they able to easily
access City Water, a fire hydrant was installed at that time that not only serves us, but also
serves our neighbors. Because of that incredibly generous easement, which we were NOT
compensated for, we have far less buildable property.
My husband turned 81 in August, and we are now the ones in need of help. We do not have
many years left. And, due to our age, we are downsizing so it does not make sense to expand
our existing home. It is much more suitable to convert our workshop to an ADU and build a
new shed as our storage.
We are incredibly grateful that our workshop conversion to an ADU is approved.
Unfortunately, due to the nature and size of the property, we need to be able to build the
proposed storage shed before we can proceed with the ADU. The property has nearly one
and a half acres of vegetation, hardscape and landscape that require caretaking. We need a
decent size storage for the tools, supplies, and equipment required to take care of such a
property, as well as much of my husband's shop equipment and supplies that will be
displaced.
Here is a PARTIAL list of the kind of equipment and tools that need relocation to the shed:
• MIG, TIG and Acetylene Welders
• Potter’s Wheel
• Kiln
• Milling Machine
• Lathe
• Table, Band and Radial Arm Saws
• Centrifugal Casting Machine
• Foundry
• Generator
• Compressor
• Wine making equipment
• Large Tool cabinets:
o Car repair tools
o Wood working tools
o Leather working tools
o Metal working tools
o Pottery Tools
• Lapidary tools
o 26-inch Rock saw
o tumblers
o Sphere maker
• Drill Press
• Cement mixer and Concrete tools
• Grounds keeping tools
The loss of storage created by the ADU conversion needs to be offset by the proposed shed.
We even have a tractor parked on the property for managing certain tasks. In other words,
this is not a typical suburban lot as the codes were designed for.
Our home is 100 years old and has never had an attached garage, which deprives us of much
needed storage space that every other home in our neighborhood enjoys. We are hoping to
make up for this deficit with an unobtrusive shed in the back of our property where it will
not be visible to more than three neighboring homes.
In 1999, my husband built a 1,980 square foot studio to house his numerous artist’s tools
and equipment and to have a place to work on his many and varied projects. At the time,
when we applied for City permits to begin building my husband's workshop, we produced
county site maps that showed that there were originally many outbuildings on this property,
one of which may have been a garage, a shed(s) and assorted buildings that were used for a
variety of storage needs. The sum of the square footage of the outbuildings was used in
calculating the size of the workshop. It was established by the City at that time that the
workshop fell far under the square footage amount of the total of the original outbuildings.
I have recently done a search of county records, and it seems that they have not maintained
records prior to 2000, so I am unable to provide them. I am hoping that the city maintained
those records as part of our building permit application in 1999.
It seems outside the code’s original intent that we could add thousands of square feet to our
home, add an attached garage to our home, but this little shed is denied because it is not
attached and we already have too much accessory square footage?
The average home in our neighborhood is 2,500 square feet, has a 2-car garage, many with
sheds and some with ADU’s too. Our home is only 1,335 square feet with no attached garage,
but more likely the garage was one of the many outbuildings originally on the property.
• Approval of this shed will cause absolutely NO HARM to our neighborhood.
• Approval of this shed will cause absolutely NO HARM to the city of Orange.
• Approval of this shed will cause absolutely NO HARM to the planning department.
• Approval of this shed will cause absolutely NO HARM to the department or person
who approves it.
Please note:
• We are NOT developers and/or investors.
• We are NOT a Real Estate Investment Corporation.
• We will NOT be renting out the space, short term or long term.
• We do NOT live in a historic neighborhood.
We have an existing building that has been approved to convert to an ADU and we will not
be adding one inch more to the footprint of the existing building, as we will only be utilizing
existing square footage.
We are only asking for the shed that will make repurposing the studio a possibility.
Request for Variance from Section 17.14.160 E of the Orange Municipal
Code (Square Footage Limitation for Accessory Structures) Due to
Special Circumstances
We are requesting a variance from Section 17.14.160 E of the Orange Municipal Code (Square
Footage Limitation for Accessory Structures) to construct an accessory structure (detached
660 square foot shed) within the rear yard of our property. Due to the large lot size, irregular
shape of our parcel, the varying topography of our parcel, and our rural neighborhood in
Orange where neighbors with similar lot sizes, shapes and topography have accessory
buildings that excess Code requirements, and compliance with all other applicable
development standards, we are requesting approval of our request.
Our 1.5 acres property is uniquely situated in rural East Orange. It includes our 101-year-old
Craftsman home with approximately 1,335 square feet of living space and a detached 1,980
square foot workshop. We have lived in this home for more than 39 years. We are elderly
and it is becoming increasingly apparent to us that we need help to age in place.
We are intending to convert our existing workshop into a living space (ADU) for our
daughter, her husband, and their only child to live on our property to assist us as we age.
They have not been able to find an affordable home close by. In converting the existing
workshop to living space, we lost most of our storage space and therefore need to build a
new 660 square foot shed on our property to replace the lost storage area.
Title 17 of the Orange Municipal Code, 17.10.040 (Variance Findings E1 and E2):
“Requirements for Granting of a Variance. The following findings must be made by the
responsible reviewing body in granting a variance pursuant to Section 65906 of the California
Government Code:
E1. That because of special circumstances applicable to subject property, including
size, shape, topography, location or surroundings, the strict application of the
zoning ordinance is found to deprive the subject property of privileges enjoyed
by other properties in the vicinity and under identical zone classification;
Finding for E1:
There are applicable special circumstances applicable to the subject property that deprive
the property of privileges enjoyed by other properties in the vicinity and under identical
zone classification. First, the size of the parcel (1.5 acres/65,340 square feet) exceeds the
minimum lot size standard of 20,000 square feet per the City’s R-1-20 zoning designation.
The larger lot, which is common in the community but unique within the vast majority of
Orange, will provide us with the ability to construct our storage shed while ensuring the
structure complies with all other applicable development standards except for the square
footage limitation. Additionally, the unique shape of the lot, along with the varying
topography of the parcel, precludes compliance with the zoning code.
Second, the strict application of the zoning code deprives the subject property of privileges
enjoyed by other properties in the vicinity of the subject site and under identical zoning
classification. In reviewing other nearby properties that possess the same zoning
classification, we identified other properties within our neighborhood that have several
accessory buildings on a significantly smaller lot size while exceeding the square footage
limitation for accessory structures of 50 percent or less of the main house.
Third, the unique size of the property, in conjunction with the smaller single-family
residence, deprives the subject property of the privilege to construct an additional accessory
structure. The zoning code restricts the size of accessory structures to 50 percent of the size
of the main residence. Due to the shape and topography of the lot, it will be difficult to add
additional square footage to the residence to comply with the square footage limitations.
Given the intent of the code is to prohibit over construction on residential sites, provide
adequate setbacks, maintain sufficient open space, and minimize impacts on the
surrounding community, the appropriate standard to limit square footage for an accessory
structure for a property in the R-1-20 zone is Floor Area Ratio (FAR). Per City standards,
the maximum FAR for this parcel is 0.40 percent, or 26,136 square feet. The applicant is
proposing to construct a maximum of 660 new square feet to the site. Combined with the
existing 1,335 square foot residence, proposed 1,980 square foot ADU/garage building, and
all other accessory structures located on the site, the applicant is proposing a maximum of
3,675 square feet on the site, resulting in an overall FAR for the site of less than 10 percent.
Finally, the proposed project is consistent with the purpose and intent of the Orange
Municipal Code. Section 17.14.160 A (Accessory Structures, Garages and Accessory Dwelling
Units) states “the purpose and intent of these standards is to accommodate residential
accessory structures that provide conveniences and amenities for single-family residences,
while ensuring preservation of neighborhood quality and character.” The proposed 660
square foot shed is consistent with the intent of the Code as the shed will provide a
convenience to the property owners by allowing the replacement of an existing workshop
with another similar sized structure, will accommodate a variety of specialized tools and
equipment that has been used by the owners throughout their careers and post career lives.
Further, the proposed shed will be consistent with the existing structures on-site, and will
be designed and placed at a location on the property to be consistent with the quality and
character of the neighborhood.
E2. That the variance granted shall be subject to such conditions which will assure
that the authorized adjustment shall not constitute a grant of special privilege
inconsistent with the limitations upon other properties in the vicinity and zone in
which subject property is located.”
Finding for E2:
The granted variance shall be subject to conditions which will assure that the authorized
adjustment shall not constitute a grant of special privilege inconsistent with the limitation
upon other properties in the vicinity and zone in which the subject property is located.
Larger lots are common within the surrounding community as the area was annexed from
the County of Orange. Our proposal is to construct a 660 square foot shed that exceeds the
square footage limitations of the Code yet is consistent with the development pattern in the
neighborhood and zoning district. For example, the following properties in our
neighborhood are smaller in size yet have accessory structures that exceed City standards:
1. 5122 Glen Albyn Lane. Adjacent to our property: Lot Size – approximately one-half
acre. Property has a 2,300 square foot residence and 1,300 square foot ADU with a
2-car garage in between the houses, a 1,000 square foot garage/workshop with an
extended storage/work area off the back (unknown square footage), a covered
carport, and a large garden shed (unknown square footage). This property has over
2,780 square feet of accessory buildings.
Aerial view of 5122 Glen Albyn Lane:
Front view of 5122 Glen Albyn Lane:
Front entry view of 1,000 square foot garage/workshop and carport:
Back view of 1,300 square foot ADU: 480 square foot, 2-car garage between main
house and ADU:
Side view of 1,000 square foot garage and
workshop with additional shed attached: Garden Shed:
2. 962 Glen Robin Lane. Located just down the street from our property. The lot size is 0.68
acres. This property enjoys a 3,000 square foot main house, nine garage spaces of
approximately 2,160 square feet, RV parking, a covered patio, and a carport.
Aerial view of 962 Glen Robin:
Front view of 962 Glen Robin Lane:
Front entry view of the 2-car garage and carport:
Back yard view of multiple garage spaces:
Redfin listing of property identifying size of house and number of garages:
Please Note: this land was given to Paula Peralta, who owned Rancho Santiago de Santa Ana.
BUILDING ANALYSIS:
SHEET INDEX
SITE ADDRESS:
LEGAL DESCRIPTION:
BUILDING SUMMARY:
VICINITY MAP
NEW SHED/STORAGE FOR:
2022 CAL GREEN
RESIDENTIAL MANDATORY MEASURES CHECKLIST
(EFFECTIVE JAN 1, 2023)
CALL 811 BEFORE YOU EXCAVATE;
COMPLIANCE WITH EXCAVATION
SAFETY IN ACCORDANCE WITH
GOVERNMENT CODE 4216 WILL
BE FOLLOWED PRIOR EXCAVATING.
PROJECT LOCATION
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APN Site Address
Bldg/Living
Area
Gross
Area
Accessory
Structures
Lot
Acreage Lot Area
Existing
FAR
SF Possible
Accessory
Structures Using
Existing Home SF
Existing %
Accessory
Structures to
Existing Home SF
379-311-19 991 N Wonder View Dr 1335 4595 3260 1.4 65165 6.03%668 195%
379-311-37 5122 Glen Albyn Ln 2300 5080 2780 0.46 20038 25.35%1150 121%
379-311-50 5102 Glen Albyn Ln 3755 3755 0 0.44 18978 19.79%1878 0%
379-311-53 5132 Glen Albyn Ln 2931 2931 0 0.32 13800 21.24%1466 0%
379-311-15 5101 E Glen Arran Ln 3006 3006 0 0.45 19687 15.27%1503 0%
379-311-16 5111 E Glen Arran Ln 1766 1766 0 0.41 17640 10.01%883 0%
379-311-18 5108 E Glen Arran Ln 3158 3158 0 0.42 18480 17.09%1579 0%
379-311-26 5091 Glen Albyn Ln 2814 2814 0 0.78 33872 8.31%1407 0%
379-311-25 5071 Glen Albyn Ln 2951 3471 520 0.55 24120 14.39%1476 18%
379-311-34 961 N Glen Robin Ln 1913 1913 0 0.56 24600 7.78%957 0%
379-311-24 5031 Glen Albyn Ln 2250 2922 672 0.55 24120 12.11%1125 30%
APN Site Address
379-311-19 991 N Wonder View Dr
379-311-37 5122 Glen Albyn Ln
379-311-50 5102 Glen Albyn Ln
379-311-53 5132 Glen Albyn Ln
379-311-15 5101 E Glen Arran Ln
379-311-16 5111 E Glen Arran Ln
379-311-18 5108 E Glen Arran Ln
379-311-26 5091 Glen Albyn Ln
379-311-25 5071 Glen Albyn Ln
379-311-34 961 N Glen Robin Ln
379-311-24 5031 Glen Albyn Ln
Potential Allowed
Bldg/Living Area
SF @ 40-60% FAR
Potential Allowed
Accessory Structure
SF @40% FAR
% Existing
Accessory
Struture SF to Lot
Area
Area Average of
Potential Allowed
Accessory Structure
SF @40% FAR
Divided by Lot Area Year Built
Year Built
(Effective)
24394 12197 5.35%9%1930 1930
10019 5010 13.87%28%
9489 4745 0.00%30%1981 1981
6900 3450 0.00%41%1972 1972
9844 4922 0.00%29%1990
8820 4410 0.00%32%1964 1964
9240 4620 0.00%31%1941 2001
16936 8468 0.00%17%1963 1963
12060 6030 2.16%23%1963 1963
12300 6150 0.00%23%1962 1963
12060 6030 2.79%23%1963 1963