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Minutes-ZA 1988/03/24., ~ .. • • ACTION AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY, MARCH 24, 1988, 9:30 A.M. Procedure to Expedite Meeting: The proponents for conditional use permit and variance applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponents and opponent will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal. Before speaking, please give your name and address and spell your name. Staff Reports are part of the evidence received by the Zoning Administrator at each hearing. Copies are available to the public prior to and at the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, in the Administrator's opinion, the ends of fairness to all concerned will be served. All documents presented to the Zoning Administrator for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for public inspection. The action taken by the Zoning Administrator on this date regarding conditional use permits and variances is final unless, within 15 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an appeal is filed. Such appeal shall be made at any time following the public hearing and prior to the conclusion of the appeal period. An appeal shall be made in written .form to the City Clerk, accompanied by an appeal fee equal to one-half the amount of the original filing fee. The City Clerk, upon filing of such an appeal, will set said conditional use permit or variance for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. After the scheduled public hearings, members of the public will be allowed to speak on items of interest under "Items of Public Interest". Such items must be within the jurisdiction of the Zoning Administrator. Each speaker will be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. Page 1 `0145T • • March 24, 1988 REGULAR MEETING OF THE ZONING ADMINISTRATOR FOR PUBLIC HEARINGS la. EIR CATEGORICAL EXEMPTION - CLASS 3 lb. VARIANCE N0. 3759 (READVERTISED) OWNERS: MICHAEL B. ROACH AND KAREN Z. ROACH, 5885 Trapper Trail, Anaheim, CA 92807 AGENT: JIM YORK, CUSTOM HOME PLANNER, 1107 "E" Chapman, Orange, CA 92666 LOCATION: 6944 East Overlook Terrace Waive r. of maximum structural height to construct a two-story, 36 1/2-foot high, single-family residence. Continued from the meetings of February 25 and March 10, 1988. ZONING ADMINISTRATOR DECISION NO.ZA88-14 2a. EIR CATEGORICAL EXEMPTION - CLASS 3a 2b. VARIANCE N0. 3765 OWNERS: JAMES TUNSTILL AND MAUREEN TUNSTILL, 6215 New Haven Court, Yorba Linda, California 92686 LOCATION: 7415 East Hummingbird Circle Waiver of maximum structural height to construct a 30-foot high, single-family residence. ZONING ADMINISTRATOR DECISION N0. 3a. EIR CATEGORICAL EXEMPTION - CLASS 3a 3b. VARIANCE N0. 3767 OWNERS: MARILYN K. SALSBURY AND GLEN J. SALSBURY, 249 S. Hillcrest Street, Anaheim, California 92807 LOCATION: 1130 South Tamarisk Drive Waiver of maximum structural height to construct a 35-foot high single-family residence. ZONING ADMINISTRATOR DECISION N0. ZA 88-15 -2- PAGE 2 Approved to be built in accordance with Exhibit submitted March 18, 1988. Continued until April 7 , so homeowners' association can review plans. Approved 3/24/88 • • March 24, 1988 4a. CEOA NEGATIVE DECLARATION 4b. VARIANCE N0. 3768 OWNER: KATHERINE WESOLOSKY, 705 West Victor, Anaheim, California 92801 AGENT: MARK KIAFAR, 300 N. Tustin,.#201, Santa Ana, California 92705 LOCATION: 705 West Victor Waiver of maximum structural height and minimum sideyard setback tc construct a 5-unit apartment building. ZONING ADMINISTRATOR DECISION N0. 5a. EIR CATEGORICAL EXEMPTION - CLASS 1 5b. VARIANCE N0. 3770 OWNERS: FRED PALMIERI AND JUDY A. PALMIERI, 110 Strada Place, Anaheim, California 92807 AGENT: RANDALL SMITH, DMS CONSTRUCTION, 417 Associated Rd., Suite A-250, Brea, California 92631 LOCATION: 110 South Strada Place Waiver of~maximum structural height to construct a 1,332._, square-foot, 30 foot 6-inch high, room addition to a single-family residence ZONING ADMINISTRATOR DECISION N0. ZA 88-16 6. ZONING ADMINISTRATOR ADJUSTMENT ITEMS A. ADMINISTRATIVE ADJUSTMENT N0. 0003: (Notice originally read 88=03). Request to construct 7 single-family residences with waiver of maximum structural height (25 feet permitted; 26.3, 26.5, 27 and 27.5 feet proposed) in a tract consisting of 24 acres at the northeast corner of Avenida de Santiago and Hidden Cayon Road. ZONING ADMINISTRATOR DECISION N0. ZA 88-13 7. ITEMS OF PUBLIC INTEREST: Sonja Grewal, Secretary for Executive Committee Anaheim Hills Citizens' Coalition, spoke and submitted a copy of her speech. -3- PAGE 3 Continued for applicant to bring in revised plans with no:to exceed two I~waivers or '~ for referral to Ping Comm. if exceed two waivers. Approved in part to permit turret' to go up to 28 feet but ridge line to remain at 25 feet. 3/24/88 • • AFFIDAVIT OF POSTING I hereby certify that ap com~/plete copy of this agenda was posted at: cI ~ ~ ~/ /J /D ~ LOCATIONS: COUNCIL CHAMBER DISPLAY i (TIME) /~~(DATE) / AND COUNCIL DISPLAY KIOSK SIGNED• - C~.~l/I~L~L-~_.~~r / -4- PAGE 5 3/24%88 •. • • REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR MINUTES - MARCH 24, 1988 The regular meeting of the Anaheim City Zoning Administrator was called to order by Annika Santalahti, Zoning Administrator, at 9:30 a.m., March 24, 1988, in the Council Chamber. PRESENT• Annika M. Santalahti, Zoning Administrator Lori Duca, Assistant Planner Pamela Starnes, Secretary ITEM N0. 1 EIR CATEGORICAL EXEMPTION - CLASS 3, 'VARIANCE N0. 3759 (READVERTISED) PUBLIC HEARING: OWNERS: MICHAEL B. ROACH AND KAREN Z. ROACH, 5885 Trapper Trail, Anaheim, CA 92807. AGENT: JIM YORK, CUSTOM HOME PLANNER, 1107 "E" Chapman, Orange, CA 92666. Subject property is an irregularly-shaped parcel of land consisting of approximately 3 acres having a frontage of approximately 508 feet on the east side of Overlook Terrace, having a maximum depth of approximately 490 feet and being located opposite 50 feet east of the centerline of Tuckaway Circle and further described as 6944 East Overlook Terrace. Waiver of maximum structural height to construct a two-story, 36 1/2-foot high, single-family residence. Continued from the meetings of February 25, and March 10, 1988 for the petitioner to bring in additional exhibits showing lines-of-sight across subject property from other nearby properties. Two people appeared in opposition at the February .25 and March 10, 1988 public hearings, six people attended the March 24, 1988 meeting in opposition; and three letters were received in opposition. Mr. Roach presented two letters in support of his proposal and they were read and made. a permanent part of the record. Mr. Roach noted he had submitted the exhibits requested by the Zoning Administrator at the meeting of March 10, 1988. David York described the revised plans, noting the house was sitting back on the lot. Ms. Santalahti asked how much higher the surrounding lots were compared to applicant's lot and Mr. York said 14.5 to 24.5 higher. Mr. Roach discussed the many homes in the Anaheim area that had been granted variances from Code. Ms. Santalahti verified that the proposed residence's ridgeline was at 30 feet and the chimneys at 34 feet. • • MINUTES, ZONING ADMINISTRATOR, MARCH 24, 1988 Page 2 Chris Timoshuk, 7077 Shorecrest, said she felt the proposed request would adversely affect their view. She noted she had requested a variance on her own home, however, the highest portion of her home that is at 29 feet (25 feet required) is only a small portion and doesn't obstruct anyone else's view. Richard Pike, 6915 E. Overlook Terrace, said the proposed structure will not block his view, but felt it would detract from the general community as a whole because of the requested height variance. He noted one of the reasons he was attracted to Hidden Canyon Estates was the open area feeling and the uninterrupted vistas of the canyon and surrounding areas. He said homes being granted height waivers detract from this natural beauty. Michael Whitman, 6945 E. Overlook Terrace, noted he has looked at the proposed plans in detail and the new renderings and felt there was some discrepancy in the drawings relative to the dimensions. He also noted one of the letters in support of the project was from a developer who does not plan to live in the area. He said they were not trying to deprive anyone of their rights but they also don't want the aesthetics of the area ruined. Mr. Roach commented on the various neighbors that had'stated they were promised a view when they purchased their lot. He said he had talked to the realtors and escrow company and noted this was not the case. He submitted a copy of Hidden Canyon Estates Addendum "B" which buyers sign that buyer acknowledges and agrees that neither Seller, nor any salesman, employee or agent of Seller has made any warranties or representations to Buyer concerning the protection of any view which Buyer may have from the Property, and that Buyer has not executed the Contract or agreed to purchase the Property in reliance upon the fact that Buyer may have a view. Buyer further acknowledges that Seller has no obligation to protect any view which Buyer may have. Mr. Roach also noted that the dimensions on the plans were correct. He noted the drawings and maps were done by two different people and they had independently come up with the same figures. He said they have done the most they can to maintain the Whitman's view by proposing to build their house on the most southerly portion of their lot. PUBLIC HEARING WAS CLOSED: Ms. Santalahti asked if there were any deed restrictions on the tract relative to height and applicant said to his knowledge no. Ms. Santalahti verified the property was three (3) acres in size and that the applicant was not planning to subdivide and sell off a portion of the property. Mr. York stated the pitch of the roof was not extreme, and said it was probably as sallow as they could go with that style of house. Ms. Santalahti stated the extra drawing the applicant had submitted was very • • MINUTES, ZONING ADMINISTRATOR, MARCH 24, 1988 Page 3 helpful when she went to look at the property again to see what impact the proposal would have. She noted the ridgeline goes to 30 feet and the chimneys to the higher distance so there is just a five (5) foot differential of the more physically obtrusive part of the building. Ms. Santalahti noted she was quite hesitant last time to consider approval of this project primarily because the width of the property along the street generally paralleled the greatest width of the house. However, now when she saw how the house would sit (relative to closest neighbor's house (Whitman's)) made a difference in her thinking about the project. She noted the roof area that is actually over the 25 feet accounts for about 23'is of the total roof area and about two-thirds of the visibility from the street. Ms. Santalahti approved this variance for 30 foot height to the roof ridgeline with the house being placed exactly as shown on the new exhibit (relative to the Whitman's house) which was submitted on March 10, 1988. She referred to the submitted lines-of-sight, though the roof does visually get into the line-of-sight from the Whitman house, it doesn't go across the entire frontage and, in fact, what is directly in front of the Whitman house appears to be the 25 foot portion of the proposed house according to the drawings and the elevations, which height is the Code limitation. She said it does goes up to the 30 foot ridgeline as it goes further to the southerly end of subject property but there the building pad is 7 to 14 feet lower than the street and the greatest impact from there would basically be from somebody driving on the street. She noted this item was categorically exempt. 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 days of the date of the signing of this decision or unless; a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 2 EIR CATEGORICAL EXEMPTION - CLASS 3a VARIANCE NO 3765 PUBLIC HEARING: OWNERS: JAMES TUNSTILL AND MAUREEN TUNSTILL, 6215 New Haven Court, Yorba Linda, California 92686. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.74 acre, having a frontage of approximately 79 feet on the southwest side of Hummmingbird Circle, having a maximum depth of approximately 314 feet and being located approximately 90 feet north of the centerline of Canyon Rim Road and further described as 7415 East Hummingbird Circle. Waiver of maximum structural height to. construct a 30-foot high, single-family residence. • • MINUTES ZONING ADMINISTRATOR, MARCH 24, 1988 Page 4 James Tunstill said the staff report basically sums up what they wanted to do. He did point-out that the portion which exceeds the 25 feet maximum was at the front section of the house only and does not extend to the back which is the view from most of the existing lots. Dave Martin, 775 Bunting Ct., said he was a member of the Architectural Review Committee for the Canyon View Estate Homeowners Association. He stated they did not become aware of this proposal until yesterday, and had with him a signed petition requesting a two-week continuance so they could properly evaluate the impact to the area. Ms. Santalahti asked if they had been able to even briefly .review the drawings and Mr. Martin said no. Ms. Santalahti asked Mr. Tunstill if he opposed the item being continued for two weeks and he said no. Ms. Santalahti noted that she had viewed the property and the 30-feet was from the rear property line, and because of the angle of the house, it would be 27 feet as viewed horizontally from Hummingbird Circle. She said that basically the physical aspects of the building over 30 feet involved were two chimneys, two peaked roofs, and a hip roof. She said about 21~ of the roof area goes above the actual height limitation. This item was continued until the meeting of April 7, 1988, so that the homeowners association and interested property owners could review the plans. ITEM N0. 3 EIR CATEGORICAL EXEMPTION - CLASS 3a, 3VARIANCE N0. 3767 PUBLIC HEARING: OWNERS: MARILYN K. SALSBURY AND GLEN J. SALSBURY, 249 S. Hillcrest Street, Anaheim, California 92807. Subject property is an irregularly-shaped parcel of land consisting of approximately 2 acres, having a frontage of approximately 316 feet on the northwest side of Tamarisk Drive, having a maximum depth of approximately 428 feet and being located approximately 400 feet southeast of the centerline of Avenida de Santiago and further described as 1130 South Tamarisk Drive. Waiver of maximum structural height to construct a 35-foot: high single-family residence. There was no one indicating there present in opposition. Applicant and Robert Williams, Architect, were present. Mr. Williams said he was available to answer any questions. PUBLIC HEARING WAS CLOSED: • • MINUTES, ZONING ADMINISTRATOR, MARCH 24, 1988 Page 5 Ms. Santalahti, verified that the hill at the north-westerly end of the property was 25 feet high and does block the neighbors view on Tamarisk Drive to the west, and that there would be no development across Tamarisk Drive to the south. Mr. Williams said that was correct. He said they pushed the house up against the hill to help everyone's view in the other directions. Ms. Santalahti noted the lots to the north were up to 40 feet below the applicant's property and would have no visual problems relative to the line of sight. She asked if the 35 feet on the drawing was the height of the tower and he said the maximum height is 35 feet whether it is the tower or fireplace. Lori Duca confirmed that the maximum height was 35 feet. Ms. Santalahti noted this item was Categorically Exempt. Ms. Santalahti approved this variance because of the configuration of the lot differentials between this lot and the surrounding properties. She said the properties to the south will 'probably not be developed and the other directions were substantially below the grade of this lot. She said the immediate neighbors to the west are going to be blocked by the existing 25 foot hill and the fact the maximum portion of the dwelling ;which is 18~ of the roof area is what goes to 30 feet, and another 2~ which is the peaked roof area which goes to 35 feet she considered a minimum waiver"from Code. 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'~a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 4 CEOA NEGATIVE DECLARATION, VARIANCE N0. 3768 PUBLIC HEARING: OWNER: KATHERINE WESOLOSKY, 705 West Victor, Anaheim, California 92801. AGENT: MARK KIAFAR, 300 N. Tustin, #201, Santa Ana, California 92705. Subject property is a rectangularly-shaped, parcel of land consisting of approximately 0.3 acre, having a frontage of.approximately 60 feet on the north side"of Victor Avenue, having a maximum depth of approximately 201 feet and being located approximately 1,000 feet west of the centerline of Harbor Boulevard and further described as 705 West Victor. Waiver of maximum structural height and minimum sideyard setback to construct a 5-unit apartment building.. This items was continued because after the public notice was advertised, it was discovered at the Interdepartmental Committee Meeting, 'that two additional waivers were necessary because of additional street dedication being required by the Engineering Department. Therefore, with four (4) waivers this item cannot be considered by the Zoning Administrator, but must;be considered by the Planning Commission. If revised plans are submitted showing only two waivers, this will be readvertised for the Zoning Administrator public hearing. • • MINUTES, ZONING ADMINISTRATOR, MARCH 24, 1988 Page 6 ITEM N0. 5 EIR CATEGORICAL EXEMPTION - CLASS 1, VARIANCE N0. 3770 PUBLIC HEARING: OWNERS: FRED PALMIERI AND JUDY A. PALMIERI, 110 Strada Place, Anaheim, California 92807. AGENT: RANDALL SMITH, DMS CONSTRUCTION, 417 Associated Rd., Suite A-250, Brea, California 92631. Subject property is an irregularly-shaped parcel of land consisting of approximately 0.85 acre, having a frontage of approximately 42 feet on the north side of the terminus of Strada Place, having a maximum depth of approximately 295 feet and being located approximately 250 feet north of the centerline of Peralta Hills Drive and further described as 110 South Strada Place. Waiver of maximum structural height to construct a 1,332 square-foot, 30 foot 6-inch high, room addition to a single-family residence Five people spoke in opposition, seven people indicated their presence in opposition and one letter had been received in opposition. Randall Smith, DMS Construction, 417 Associated Rd, Brea, said they were requesting a variance to construct a room addition. He noted the total area involved that exceeds the 25 foot limit was a relatively small amount of the total percentage of the roof. He said the existing structure is at 25 feet and they knew it did not obstruct anyone's view in the area due to the elevation changes in the lots. Ms. Santalahti verified the addition was basically at the southeast corner of the house. She asked if the neighbor to the south had been contacted and Mr. Smith said he personally had not done so. Judy Palmieri said, basically the room addition is on the rear portion of the property and she had spoken with her neighbors on both sides of her property and they had no objections. She ,said she had not talked to anyone else personally except for a few neighbors that were here today. She noted the roof line they are proposing is perpendicular to her property and basically a small portion is the turret which does exceed the height requirement. Frank Liggett, 571 Peralta Hills Dr., said he was mainly opposed because of the principle of exceeding the 25 foot height limitation. He said people have brought property and live there because of this limit.. He did not want a precedent set that other people could point to. He felt everyone should have to comply with the height limitation. Joan Cain, 141 Cerro Vista Way, said her property adjoins the subject property and they are a little north and west of the property. She noted one of the reasons they brought in Peralta Hills was because of its beauty and rural atmosphere, and they thought the height 'limit was a guarantee from the City of Anaheim and that it would remain that way. She said most of the homes in the area complied with~the restrictions. She noted Cerro Vista Way is one of the main arteries into ~ • MINUTES ZONING ADMINISTRATOR, MARCH 24, 1988 Page 7 their section of Peralta Hills and everyone traveling on Cerro Vista Way would be impacted by this structure. She read a letter from Harriet and Richard Hermann, neighbors across the street from the Palmieri's. 'This letter was made a permanent part of the file. Jean Garber, 523 Peralta Hills Dr., stated everyone in the `area has tried to make there homes blend into the area. She said the petitioners have chosen a particular color scheme that does not blend well with the surroundings. She noted there were other homes in the area that had turret rooms that had stayed within Code. Lucille Krueger, 561 Peralta Hills Dr., said she would not be closely impacted by this project except for the fact she very strongly resents that the 25 foot limit is being by passed. Gene Schluter, 531 Peralta Hills Dr., said that approving 25-foot height variances is setting a precedent for granting future variances. He was also concerned that people who were denied variances in the past, might make some modifications, and come back requesting a new variance. Mr. Smith said that if anyone present would like~to see the amount of roof that exceeds the 25 feet height limit, they would be happy;. to provide them with the plans so they can see it is a relatively small portion. He said he did not think it would detract from the area or be a major obstruction. Ms. Santalahti verified that the ridgeline was at 28 feet and that the turret was at 30 1/2 feet. She asked if the pad of the house and the addition were going to be the same level and Mr. Smith said yes. He said the difference in elevation from the house to the east is 15 feet. Ms. Santalahti asked if he knew the grade difference between the pad and Cerro Vista Way, and he said he did not know the exact measurement but noted there was a substantial grade difference. PUBLIC HEARING WAS CLOSED: Ms. Santalahti noted that the Peralta Hills residents have systematically come to all of the meetings pertaining to any variance requests in that area whether it has been height or lot sizes, etc. Ms. Santalahti said she looks at this area a bit differently then the previous variances that were heard today, and the reason was because in this location you are not talking about the kind of view situation where people look out across the canyon and look past homes. In this area, the view is lower and includes roof lines and trees, and far off into the distance which makes it a different kind of concern. Ms. Santalahti said basically 'the houses in this area did seem have fairly low roofs. She asked the architect if the ridgeline portion of this dwelling ~ • MINUTES, ZONING ADMINISTRATOR, MARCH 24, 1988 Page 8 could be dropped to 25 feet as required by Code and retain the turret at a lower height. He said they felt if they put both ridgelines (the new and existing structure at the same height) it would look worse. Ms. Santalahti asked if there was attic space on the second level as there was a window shown on the drawings and he said it was all open space. Ms. Santalahti approved this variance, in part, requiring the ridgeline height of the proposed addition not to exceed 25 feet and the turret height to be lowered to 28 feet maximum. She said the turret is an architectural device which is six (6) feet in diameter and will exceed Code by only three (3) feet. She noted this item was Categorically Exempt. 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 a member of the City Council shall request to review this decision within said 15 days. ITEM N0. 6. ZONING ADMINISTRATOR ADJUSTMENT ITEMS: A. ADMINISTRATIVE ADJUSTMENT N0. 0003: (Notice originally read 88-03). Request to construct 7 single-family residences with waiver of maximum structural height (25 feet permitted; 26.3, 26.5, 27 and 27.5 feet proposed) in a tract consisting of 24 acres at the northeast corner of Avenida de Santiago and Hidden Canyon Road. Ms. Santalahti noted she was acting on Item A today. N0. 7. ITEMS OF PUBLIC INTEREST: Sonja Grewal, Secretary for the Executive Committee, Anaheim Hills Citizens' Coalition, spoke and submitted a copy of her speech which is attached. 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