Resolution-ZA 1996-06• •
DECISION NO. ZA 96-06
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4289
OWNERS: Ernest Freeman and Brenda Swenson
1972 Roanoke Avenue
Tustin, CA 92680
LOCATION: 6271 East Fox Glen Drive
CEQA STATUS: Categorical Exemption, Class 5
HEARING DATE: February 29, 1996
OPPOSITION: Six people indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Waiver of the following to construct a 8,075 sq.ft. single-family residence with guest
quarters:
Sections 18.23.062.010 - Maximum structural heioht.
18.23.062.0201 25 feet permitted in the RS-HS-22,000(SC)
and 18.84.042.010.0202:b Zone or maximum 30 feet for not more than
10% of the total roof area; 27' z feet proposed
for 16° of the roof area)
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 there are special circumstances applicable to the property consisting of its topography,
location and surroundings which do not apply to other identically zoned properties in the vicinity
because subject property has a grade of about 2:1 across its narrowest dimension, the adjoining
street grade is about 8% as in encircles the property and that the highest point of the roof
ridgeline is only about 15 feet above the highest adjacent street grade;
2. That the proposed 27'!z foot height would compiy with Code if the roof area exceeding 25 feet
were 10% or less than the total roof area but that the proposal is for only 6% more (16%)
exceeding 25 feet; 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 QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for a waiver of maximum structural height to construct an 8,075 sq.ft. single family
residence with guest quarters on an irregularly-shaped parcel of Jand consisting of approximately 0.56
acre located at the northwest corner of Fox Glen Drive and Hidden Grove Lane, having approximate
frontages of 223 feet along the northeast side of Fox Glen Drive and 353 feet along the west side of
Hidden Grove Lane, and further described as 6271 East Fox Glen Drive; and that the Planning Director
or his authorized representative has determined that the proposed project is Categorically Exempt, Class
5, as defined by the State of California Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4289, subject to the following conditions:
1. That the appropriate major thoroughfare and bridge fee shall be .paid to the C'dY of Anaheim in
an amount as specified in the Major Thoroughfare and Bridge Fee Program for the
FoothillJEastern Transportation corridor, as established by C'iiy Council resolution.
2. That the applicable traffic signal assessment fee shall be paid to the City of Anaheim in an
amount established by City Council Resolution.
3. That the applicable fee shall be paid to the City of Anaheim for Santa Ana Canyon Road
widening purposes, in an amount as established by the City Council.
4. That a traffic and transportation improvement fee shall be paid to the City of Anaheim, Traffic
Engineering Division in an amount established by the City Council Resolution. This fee will be
used to fund traffic and transportation improvements within this area impacted by this project.
5. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos.1 through 3; and that the maximum building
height .shall be twenty seven and one-half (25'/z) feet and that not more than sixteen percent
(16%) of the total roof area shall exceed .twenty seven .and one-half (25'/z) feet.
6. 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, 2, 3 and 4, 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.
7. That prior to final building and zoning inspections, Condition No. 5, above mentioned, .shall be
complied. with.
8. That approval of this application constitutes approval of the,proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Codeand any other applicable City, State
and Federal. 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 7th day of March, 1996.
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 da s 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.
nrn a antala ti, Zoning Administrator
DATE:. March 7, 1996 ; ~'L~~-~ ~~" /"r ~ ~~ ~-
Danielle Masciei, Word Processing Operator
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