Resolution-ZA 2002-03
DECISION NO. ZA 2001-03
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A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.2001-04468
OWNER: Moussa Raiszadeh
-5500 East Santa Ana Canyon Road
Anaheim, CA 92807
AGENT: Moussa Raiszadeh
7649 East Hollow Oak Road
Anaheim, CA 92808
. .LOCATION: 349 South Ramsgate Drive
CEQA STATUS: CEQp,/Categorical Exemption, Class 3
NEARING DATE : January 10, 2002
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to construct a 2-story single family residence
le-Family Hillside -Scenic Corridor Overlay)
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in the RS-HS 22,000(SC) (
Zone:
Sections.18.12.060.040 - Maximum structural height.
010 25 feet permitted with a maximum 30-foot high
2
.
18.23.06
062.020.0201 non-habitable embellishment;
23
18
.
.
18.84'.042.010 27 feet proposed with a 34-foot high rotunda}
and 18.84.042.020.0201
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 a similar height waiver was previously approved for this property in connection with
Variance No. 4387 on February 10, 2000 with a condition requiring that a building permit be obtained
within a period of 1 year from the date of approval; -but that time extensions were not requested in a timely
manner and, therefore, the variance expired..
2. That the maximum height of the proposed roof is about 27 feet with the exception of a 34-
foothigh, 25-foot diameter, rotunda; that the 490 sq.ft. rotunda accounts for about 10% of the 4,917 sq.ft.
ground floor area of the proposed house; and that the Zoning Code permits up to 10°J° of the total roof
area to exceed 25 feet_if the maximum height is 30 feet and the maximum length of the ridgeline over 25
feet high is 10 feet.
3. That the proposed house "steps" down the slope from Ramsgate Drive; and that, as
viewed from the street, the height of the house is about 24 feet with the height of the rotunda being 29 feet
as measured from the grade level directly beneath.
4. That there are special circumstances applicable to this property pertaining to the extreme
grade elevation, which drops about 40 feet from the street (along a distance of 265 feet).
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5. That the strict application of the Zoning Code would deprive this OWner Of privileges that
are enjoyed by other property owners in the surrounding neighborhood who have been granted similar
waivers of maximum structural height.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2001-04468, subject to the following conditions:
1. That any required relocation of city electrical equipment shall be at the developer's expense; and
that said relocation shall be completed prior to issuance of any grading permit or building permit
which would impact such electrical equipment, as required by the City of Anaheim.
2. 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 8, and as conditioned herein.
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 5, herein-mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with Section
1 &03.490 of the Anaheim Municipal Code.
4. 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.
5. That the property owner shall submit a letter to the Planning Department requesting termination of
Variance No. 4387.
This decision is made, signed, and entered into the Fife this 14th day of January, 2002.
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, !did deposit, in the United Slates Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk.
DATE: January 14, 2002
Patricia Koral, Sr. ord Processing Operator
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