ZA 1987-36•
DECISION OF THE ZONING ADMINISTRATOR - ZA 87-36
PETITION NO.: VARIANCE N0. 3713 EIR STATUS: NEGATIVE DECLARATION
DATES OF PUBLIC... HEARING: November 5 and 19, 1987
SUPPORT: No. of people attending the public hearing: 1; no
correspondence received.
OPPOSITIONc No. of people attending public hearing: 3 people on November 5,
1987,-and 3 people on November 19, 1987; Correspondence: 5
letters received.
OWNERS:, ESIQUIDO V. LUNA AND LARRY FOX, 2336 N. Batavia, Orange, CA 92665
AGENT: FRED W. RINGDON, 2336 N. Batavia, Orange, CA 92665
LOCATION: 325 South Mohler Drive
REQUEST: Waiver of .maximum structural height to construct a 30-f cot high
(previously 39-foot high), two-story single-family residence.
Having been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim Municipal-Code Section 18.12.040, to decid e
the above-ref erenced petition and a public hearing having been duly noticed
for and held on November 5, 1987, and the-petition having been continued to
November 19, 1877, i do hereby find, that:
1. Thak the petitioner proposes the following waiver. to construct a 3D-foot
high, 2-story single-f amity residence:
Sections 18.12.060.040 - Maximum structural height.
and 18.84.042.011 (25 feet permitted; in the Scenic Corridor Zone
Overlay; 30 feet proposed)
2. That the property has a similar.. size and conf figuration to other
properties in the area, which properties were developed in accordance
with Scenic Corridor zone Overlay height restrictions, and also that
other similarly-sized and configured properties in; the vicinity are
currently undeveloped .and .approval of this waiver might contribute to an
undesirable precedent for other future similar requests.
3. `.That there are no special circumstances applicable to-the property such
as size, shape, topography ,locationor surroundings, which do not apply
to other identically zoned properties in the vicinity; and
4. That strict application of the Zoning Code does not deprive the property
of privileges enjoyed by other properties in identical zoning
classification in the vicinity.
0109T ZA 87-36
Page 2
Variance No. 3713
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:.. That. the Zoning Administrator
has reviewed the proposal to construct a 30-foot high (previously 39-foot
high), 2-story: sing le-f amily residence with waiver of maximum building height
on an irregularly-shaped parcel of land consisting of approximately 0.47
- acre having a frontage of approximately 129 feet on the south :side of Mohler
Drive and being located approximately 1170 feet east of the centerline of
Yorkshire Circle, and further described as 325 South Mohler Drive; and does
hereby approve the Negative Declaration upon finding that she has considered
the Negative Declaration together with any comments received during the public
review process and further finding on the basis of the initial study and any
comments 'received that there is no substantial evidence that the project will
have a sign if icant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to
deny Variance No 3713.
-This decision is made, signed, and entered into the file this 25th day of
November, 1987.
GG~t~
Annika M. Santalahti
Zoning Administrator
.NOTICE: This decision shall become f-final unless an'appeal to the City
Council, in writing, accompanied by an appeal fee, is filed with the City
Clerk waahzn 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 .
DECLARAT2ON OF SERVICE BY MAIL: I do hereby declare under penalty of perjury
- that on the date set forth below, i did deposit, in the US Mail, a copy of .the
decision to he ,applicant and did forward a copy to the City. Clerk.
DATED • ~ ~ _ l ~ ~~~ ~~ OC" ~ ~~t~~~
0109T ZA 87-36