Resolution-ZA 1989-16~ ;~,~ • •
DELI ION OF THE ZONING ADMINISTRATOR - ZA $9-16
PETITION: VARIANCE N0. 3922 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
...DATE OF PUBLIC HEARING: March 23, 1989
-0PPOSITION: No one indicated their presence at the public hearing in
opposition and no correspondence in opposition was received.
OWNER: GREGORY J. BJORNDAHL
4475 Forest Glen Road, Anaheim, CA 92807
LOCATION: 7450 Hummingbird Circle
REQUEST: Petitioner requests waivers of .the following under authority of
the Code Sections 18.12.060.050 and 18.12.060.040 in order to
construct a 5,126 sq.ft. single family residence.
(A) SECTION 18.23.063.011 - Minimum front yard setback.
(25 feet required;
20 feet proposed)
(B) SECTION 18.84.042.011. - Maximum building height.
(25 feet permitted;
28.5 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 approval of the requested waiver (A), above-mentioned, is
appropriate because it pertains to "only a 20'b portion of the front
elevation, that `.subject lot does not have: a standard configuration in
that its depth is shallow (120 feet). relative to its width (300 feet),
and that the 'terrain drops off substantially .within about 70 feet of the
front-property line thereby restricting the lot's development potential;
2. That the requested waiver (B), above-mentioned, is minimal because it
consists ~of a deviance of only 3.5 feet from Code;- and that the proposal
will nc~t adversely impact. the lines-of-sight from any surrounding
residences ~~~ecause subject building pad is at a substantially -lower grade
(48 feet lower)-than the dwellings on Bunting Court to the south and
east, that ..the m- will be no .development on the Hummingbird Circle
frontage ~f the dot to the southwest, that the building pads of the .lots
on the other side of Hummingbird Circle are about 3 feet higher than
..subject property's, and that the adjacent property to the northwest has a
height variance (No. 3815) for a higher residence (34.5 .feet) than
subject property°s (28.5 feet);
3. That .there are `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
02118 1 ZA 89-16
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Variance No. 3922
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4. 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 QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waivers of minimum front yard setback and
maximum building height to construct a 5,126 sq.ft. single family residence on
an irregularly shaped parcel of land consisting of -approximately 0.75 acre
having a frontage of approximately 300 feet on the southeast side of
Hummingbird Circle,-having a maximum depth of approximately 120 feet,, being
located approximately 500 feet north of .the centerline of Bunting Court and
further described as-7450 Hummingbird Circle; 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. 3922, subject to the following conditions:
1. ,That unless proof of exemption is submitted' in compliance with City
Council Resolution No. 85R-423, 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, the appropriate traffic
signal assessment fee shall be paid to the City of, Anaheim in an amount as
established by City Council resolution.
3. That prior to issuance of a building. permit, or within a period of one (1)
year from the date of this decision, whichever occurs first, Condition
Nos. 1 and 2, above-mentioned, shall. be complied with. Extensions for
further time to complete said conditions maybe granted in accordance with
Section 18.03.09 cf the Anaheim Municipal Code`..
4. That subject property shall be developed substantially in accordance. with
:plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through ?.
5. That prior to ~znal building and zoning inspections, Condition No. 4,
above-mentioned, shall be complied with.
6. 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.
0211g 2 ZA 89-16
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Variance No. 3922
This decision is made, signed, and entered into the file this thirtieth day of
March, 1989.
~ ~~. ~a~
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 davs 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: ~D ~~/!:~ ~~~Gsc~.~Y ~ :Ki.~~%I!/J/~
'~~~
Pamela H. Starnes, Executive Secretary
0211g 3 ZA 89-16