Resolution-ZA 1996-22~ •
DECISION N0. ZA 96-22
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 4293
OWNERS:. Mr. and Mrs. Timothy Buckley
22820 Savi Ranch Parkway
Yorba Linda, CA 92687
AGENT: Spannagel Design Studio
2730 Camino Capistano, #7
San Clemente, CA 92672
LOCATION: 5061 COPA DE ORO DRIVE
CEQA STATUS: Negative Declaration
HEARING DATE: August 15, 1996
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct a 3-story 14,997 sq.ft. single
family .residence:
Sections 18.12.060.040 - Maximum structural height.
18:23.062.020.0201 (25 feet permitted in the Scenic Corridor Zone
and 18.84.042.010 Overlay and 5 fe t .permitted in connection with
Variance No. 3747;
fee .above finished floor at grade level and 41
above subterranean finished floor 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 there is a special circumstances applicable to the subject property, consisting of its being
an irregularly graded (two tier). lot, which does not apply to other identically zoned properties in
the vicinity; and that subject property is `a combination of two lots which were graded at
.different levels, with the result that the new lot has a center portion that slopes downward at a
steeper angle than found on most lots in the vicinity of this property;
2. That strict application of the Zoning Code would deprive the property of privileges enjoyed by
other similar. properties in the same residential tract, which lots have been granted approvals
for 35 foot structural heights under authority of Variance No. 3747; and
3. That granting this variance will not create a greater visual impact on surrounding properties
than would otherwise be permitted by the existing 35 foot height allowedunder Variance No.
3747 because the highest permitted point of the peak'. of the roof will be 35 feet above finished
floor measured at the highest grade level; that the requester 41-foot height measurement is
measured from the floor of a subterranean non-habitable garage area; and that said garage
area will not be visible from property to the .southwest because it is mostly below grade and
screened by a 6 foot high existing garden wall on the adjacent property.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposal for waiver of maximum structural height to construct a 3-story, 14,997 sq.ft.
single-family residence on an irregularly shaped parcel of land consisting of approximately 1.44 acres
having a frontage of approximately 202 feet on the north side of Copa De Oro Drive, having a
maximum depth of approximately 242 feet, being .located approximately 310 feet north of the
centerline of Nohl Ranch-.Road and further.described as 5061 East Copa De Oro Drive; and does hereby
approve the Negative Declaration upon finding that she has considered the Negative Declaration
together with any comments received during the public review process and further finding on the basis
of the.. initial study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4293, .subject to the following conditions:
1. 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, 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 11.
2. 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,
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 22nd day of August, 1996.
G~/7
An ika M. antalahti
Zoning Administrator
NOTICE: This ..decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is filedwith 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.
Z'-~
.:DATE: August 22, 1996 ~~/I,/~.io,l~, ~, ~/~~,~/.~1~~~~~~-
Danielle C. Masciel
Word Processing Operator
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