Resolution-ZA 1989-15~`
•
DECISION OF THE ZONING ADMINISTRATOR ~ ZA 89-15
PETITION: VARIANCE N0. 3907 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
DATE OF PUBLIC HEARING: February 23, ..1989,. continued to the meeting of
March 23, 1989.
SUPPORT: 2 people indicated their presence at the March 23, 1989, public
hearing in favor of the proposal and 2 letters in favor were
received.
OPPOSITION: 4 people spoke. in .opposition. at the February 23, 1989, public
hearing, 8 people indicated their presence and 4 of them spoke in
opposition at the March.. 23, 1989, public hearing, and 11 letters
` in opposition were received.
OWNERS: NICOLAE & PERSIDA BORTIS, CORNEL & EUGENIA_ MARORIU, VIOREL
PRUNEAN, CORNEL PRUNEAN, VICTOR & ELIZABETH ILINESCU
708 East Sycamore Street, Anaheim, CA 92805
AGENT: MARK. DESIGNS
+Attention: Joe Mark
22994 El Toro Road, E1 Toro, CA 92630
REQUEST:. Petitioner. requests waiver of the following to construct seven
-single-family dwellings:
;SECTION 18.84.042.011 - Maximum structural height.
(25 .feet permitted in the Scenic
Corridor Zone Overlay;-
41.5 feet, 39 feet, 36 feet and 35 feet
proposed)
Having been appointed Zoning. Administrator by the Planning Director,:pur5uant
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 does not conform to the pending Code change pertaining
to.residential building heights in the Scenic Corridor which, if adopted,
would permit a l0~ portion or less of the roof area to be from 25 to 30
feet in height if said portion is an uninhabitable "architectural
embellishment"; .
2. That-the proposed heights are excessive, being 10 to 16.5 feet (409s to
66~)•hgher than permitted by Code, that the highest elevations of the
dwellings will: face the adjacent existing residences along Arboretum'Road
making the proposal particularly visible, that the proposed building pads
will be from 30 to 80 higher than the existing building pads along
Arboretum Road, that one of the proposed dwellings (35 feet high) will be
located only 30 feet from an existing residence` on Arboretum Road, and
that approval of this proposal would have a substantial visual impact on
existing residences along Arboretum Road;
0210g 1 ZA 89-15
,r .
a
• •
Page 2
Variance No. 3907
3. That there are no special circumstances applicable to the property such
as size, shape, topography, location or surroundings, which do not apply
to other identically zoned properties in the vicinity; and
4. That strict application of the Zoning Code does not deprives 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 for waiver of maximum structural height to construct
seven single-family dwellings on an irregularly-shaped parcel of land
consisting of .approximately 4.47 acres, having a frontage of approximately 85
feet on the south. side of Rio Grande Drive, having a maximum depth of
approximately 850 feet, and being located approximately 1200 feet southwest of
the centerline. of .Fairmont Boulevard; 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 deny Variance
No. 3907.
This decision is made, signed, and entered into the file this. thirtieth day of
March, 1959..
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
members 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 copy~to~the City Clerk.
DATED : ~~~~ ~ i~ 'f/`Tic'~ D ~~lr'YI~i1~tt1 I~ Y 4~1 d%yJ/J'~~
Pamela H. Starnes, Executive Secretary
0210g - 2 ZA 89-15