Resolution-ZA 1989-21~ • •
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-21
PETITION: VARIANCB NO. 3920
CEQA STATUS:. CATEGORICAL EXEMPTION, CLASS 3
DATE OF PUBLIC HEARING: March 23, 1989, continued to the meeting of April 6,
1989.
OPPOSITION: Two people spoke in opposition and 4 letters were received in
opposition at the March 27, 1989, public hearing; and no one
indicated their presence in opposition at the April 6, 1989,
public hearing.
OWNER: TOM and DEBBIE KENNEDY
621 Lunar Avenue., Brea, CA 92621
AGENT: BILL JOHNSON
P.O. Box 19608-342, Irvine,. CA 92713
LOCATION: 112 Montgomery Way
REQUEST: Petitioner requests waiver of :the following under authority of
Section 18.12.060.040 to construct a 4,.881 sq.ft., 27.5-foot
high, single-family residence.
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic
Corridor Zone Overlay;
27.5 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 .finds
1. That revised plans were submitted modifying the maximum roof height to
27.5 feet, that the portion which exceeds 25 feet accounts for about 10~
of the total roof area., that said portion includes a 9-foot long
ridgeline which accounts for .about 11~ of all the ridgelines of the
entire roof, and that the remainder of the roof is about 24.5 feet high
or less;
2. That the dimensions and percentages of the revised proposal, which
consists of the top of a hipped roof, are consistent with the pending
Code. change regarding the maximum height of single family residences in
the Scenic Corridor;
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
0221g 1 ZA 89-21
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Variance No. 3920
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 waiver of maximum structural height to construct
a ..single. family residence on an irregularly-shaped parcel of land consisting
of approximately 1.2 acres located at the northwest corner of Lakeview Avenue
and Montgomery Way, having frontages of approximately 438 feet on the north
and east sides of Montgomery Way and 327-feet on the west side of Lakeview
Avenue, and further described a5 112 Montgomery Way; and that the Planning
Director or his authorized representative has determined that the proposes
project falls within thee-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. 3920, 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, primary water. main fees
shall be paid to the Water Utility Division in accordance with Rules 15A
and 20 of the Water Utility Rates, Rules and Regulations.
4. That prior to commencement of structural framing, on-site fire hydrants
shall be installed and charged as required and approved by the City Fire
Department..
5. That subject .property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. l through 3, and Revision No. l of Exhibit Nos. 4 through 6.
6. 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.
0221g 2 ZA 89-21
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Variance No. 3920
T. That prior to final building and zoning inspections, Condition No. 5,
above-mentioned, shall be complied with.
8. That approval of tl
request .only to the
Zoning Code and any
include- any action
request regarding
requirement.
its application constitutes approval of the proposed
extent that it complies with the Anaheim Municipal
other applicable Gity regulations. Approval does not
or findings as to compliance or approval of the
.any other applicable ordinance, regulation or
This decision is made, signed, and entered into the file this thirteenth day
of April, 1989.
Annika M. Santalahti
Zoninq 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: April 13, 1989
02218
Pamela H. Starnes, Executive Secretary
3
ZA $9-21