Resolution-ZA 1988-37a
DECISION OF THE ZONING ADMINISTRATOR`- ZA 88-37
PETITION NO.: VARIANCE N0. 3803
DATE OF PUBLIC HEARING: June 16, 1988
CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received.
OWNER: DEAN R. POREMBA AND KATHY D., POREMBA, 10571 Wulff Drive, Villa
Park, CA 92667
LOCATION: 6924 E. Overlook Terrace
REQUEST: Petitioner requests waiver of the following under authority of Code
Section. 18.12.060.040 to construct a two-story, 35-foot high,
single-family residence.
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic
Corridor Zone Overlay; 35 feet proposed)
Having been appointed Zoning Administrator by the Planning Director, pursuant
to Anaheim Municipal Code. Section 18.12.040, 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. That the proposal is minimal in that only 7~ of the roof area exceeds 30
feet in height, that there will. be no development to the east (which area
is set aside for open space), that the adjacent property to the south is
being developed with a 35.5 foot high residence in connection with
Variance No. 3582, that the lots to the west across Overlook Terrace are
oriented for a westerly view, and that the. adjacent building pad to-.the
north is approximately 10 feet lower than subject building pad.
2. That there are special circumstances applicable to he property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity;-and
3. That strict application of the Zoning Code deprives the property of
privileges enjoyed by other properties in identical zoning classification
in the vicinity.
CALIFORNIA ENVIRONMENTAL OUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal to construct a 2-story,_35-foot high, single-family
residence with waiver of maximum structural height is on an irregularly-shaped
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Variance No. 3803
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parcel of land consisting of 1 acre having a frontage of approximately 247
feet on the east side of Overlook Terrace, having a maximum depth of
approximately.463 feet, being located approximately 50 feet south of the
centerline of Tuckaway Circle and further described as 6924 East Overlook
Terrace; and that the Planning Director or his authorized representative has
determined that_the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and
is, therefore, categorically exempt from. the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3803, subject to the following conditions:
1. That prior to issuance of a building permit,. the. appropriate major
thoroughfare and bridge fee shall be paid to the City of Anaheim in an
amount as specified in the Major Thoroughfare and Bridge Fee program for
the Foothill/Eastern Transportation Corridor as approved by City Council
Resolution No. 85R-423.
2. That prior to issuance of a building permit, appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an amount
as determined by City Council resolution.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by City Council resolution.
4, That subject property authorized by this resolution shall be served by
underground utilities.
5. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
no roof-mounted equipment, whatsoever,. shall be permitted.
6. That subject property shall be developed substantially in accordance with
plans and specifications on file with. the City of Anaheim marked of
Exhibit Nos. 1 through 6.
7. That prior to issuance of a building permit, or within a period of one
year from the date of this decision, whichever occurs first, Condition
Nos. 1, 2 and 3, above-mentioned,. shall be complied with. Extensions for
further time to complete said conditions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
8. That prior to final building and zoning inspections, Condition Nos. 4 and
6, .above-mentioned, shall be complied with.
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Variance No. 3803
9. 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 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.
This decision is made, signed, and entered into the file this twenty-third day
of June, 1988.
Annika M. 5antalahti
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.
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 copyt-oL-t-he City Clerk.
DATED: June 23, .1988 ~ ~~'~~~'dL~~~~
Pamela H. Starnes, Senior Secretary
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ZA 88-37
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