ZA 1987-40DECISION OF THE ZONING ADMINISTRATOR - ZA 87-40
PETITION NO.: VARIANC'L'~'fJO. 3726; CEQA STATUS: CATEGG~AL EXEMPTION, CLASS 5
DATE OF PUBLIC HEARINGS: November 19. 1987, continued to December 17, 1987
SUPPORT: 1 person attended November 19, 1987, public hearing; 1 person attended
December 17, 1987, public hearing; and 3 letters were received.
OPPOSITION: 3 persons attended November 19, 1987, public hearing; 2 persons
.attended December 17, 1987, public hearing; and 5 letters and a
petition containing 99 signatures were received.
OWNERS: IRAJ H. EFTEKHARI-AND FATEMEH GOODARZI, 1940 Old Tustin, Santa Ana,
CA 92701
AGENT: MASILEILA AND ROJER SULLIVAN, 975 S. La Salle Circle, Anaheim, CA
92807
LOCATION: 301 South Penny Lane
REQUEST: Waiver of maximum structural height to construct a 2-story,
36.5-foot high single-family .residence.
Having been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim Municipal Code Section 18.12.060, 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. Petitioner requests waiver of the following under authority of Code Section
18.12.060.040 to construct a 36.5 foot high, 2-story single-family residence:
SECTIONS 18.12.060.040 - Maximum structural height.
and 18.84.042.011 (25-feet permitted; 36.5 feet proposed).
2. That any hardships in developing this property. are :self-created because when
the property was subdivided into its current configuration, it was done to the
minimum Scenic Corridor Overlay .and RS-HS-22,000 Zone standards (which standards
are still in effect) without any consideration being given to the steepness of the
property, thereby making. future development difficult.
3. That there are no special circumstances applicable,to the property such as
size, shape, topography, location or surroundings because other identically zoned
properties in the vicinity (both developed and undeveloped) have similar
configurations; 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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING:. That the Zoning Administrator has
reviewed the proposal to construct a 36.5 foot high, 2-story single-family
residence with waiver of maximum structural height on an irregularly-shaped, parcel
of land consisting of approximately 0.53 acre, having a frontage of approximately
98 feet on the south side of Mohler Drive, having a maximum depth of approximately
247 feet and being located approximately 200 feet west of the centerline of .Owens
Drive and further described as 301 South Penny Lane; and the Zoning Administrator
or her authorized representative has determined that the proposed project falls
within the definition of Categorical Exemptions, Class 5, as defined in the State
EIR'`Guidelines and is, therefore, categorically exempt from the requirement to
prepare. an EIR.
0124T ZA87-40
DECI~TON OF THE ZONING ADMINISTRATOR - ZA 87-40
PETITION NO.: VARIANCE 0. 3726; CEQA STATUS: CATEGO sAL EXEMPTION, CLASS 5
.DATE OF PUBLIC HEARINGS:' November 19 1987 continued to December 17 1987
SUPPORT: l person attended November l9, 1987, public hearing; 1 person attended
December 17, 1987, public .hearing; and 3 letters. were received.
OPPOSITION: 3 persons attended November 19, 1987, public hearing; 2 persons
attended December 17, 1987, public hearing; and 5 letters and a
petition containing 99 signatures were received.
OWNERS: IRAJ H. EFTEKHARI AND FATEMEH GOODARZI, 1940 Old Tustin, Santa Ana,
CA 92701.
AGENT: MASILEILA AND ROJER SULLIVAN, 975 S. La Salle Circle, Anaheim, CA
92807
LOCATION: 301 South Penny Lane
REQUEST: Waiver of maximum structural height to construct a 2-story,
36.5-.foot high single-family residence.
Having been appointed Zoning Administrator by the Director of Community
Development, pursuant to Anaheim Municipal Code Section 18.12.060, 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. Petitioner ,requests waiver of the following under authority of ,Code Section
.18.12.060.040 to'construct a 36.5 foot high, 2-story single-family residence:
_SECTIONS 18.12.060.040 - Maximum structural height.
and 18.84.042.011 (25-feet permitted; 36.5 'feet proposed).
2. That any: hardships in developing this property are self-created because when
the property was subdivided into its current configuration, it was done to the
.minimum `Scenic Corridor Overlay and RS-HS-22,000 Zone standards (which standards
are still in effect) without any consideration being given to the steepness of the
property., thereby making future development difficult,..
3. That`there are no special circumstances applicable to the property such as
size, shape, topography,.. location or .surroundings because other identically .zoned
properties inthe vicinity (both :developed and. undeveloped)`have similar
configurations; and
4. That strict application of the Zoning Code does not deprive the property of
privileges enjoyed by other properties in identica3 zoning classification in ,the
vicinity.
CALIFORNIA ENVIRONMENTAL QUALITY ACT-FINDING: That the Zoning Administrator has
reviewed the proposal to construct a 36.5 foot high, 2-story single-family
residence with waiver of maximum structural height on an irregularly-shaped parcel
of land consisting of:..approximately"0.53 acre, having a frontage of approximately
' 98 feet-on 'the south side of'Mohler Drive.,.. having a maximum depth of approximately
247 feet and being .located approximately 200 feet west: of the centerline of Owens
Drive and further:: described as 301 South Penny.Lane;
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0124T ZA87-40
Page 2
Variance No. 3726
Based on the evidence and testimony presented to me, I do hereby determine to
deny Variance No. 3726.
This decision is made, signed, and entered into the file this .23rd day of
December, 1987.
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 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.
DECLARATLON 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 the applicant and did forward a copy to-the City Clerk.
DATED.: d~a ~~~t/d/ ~~ G ~ ~~~r~72G!~' /`i/~ i.G~~~'
0124T 2 ZA 87-40