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Resolution-ZA 2002-20,. !, k DECISION ~NO. ZA 2002 20 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2002-04501 OWNER: Jim H. Roberts 20379 Fallen . Yorba Linda, CA 92886 AGENT: .Antonio Tang . , `Promaster Development, lnc. 23447 Golden Springs Drive Diamond Bar, CA 91765 LOCATION:., 357 South Ramsaate Drive CEQA STATUS: CEQA Categorical Exemption, Cfass 3 NEARING DATE: MAY.30,.2002, continued from the May 16, 2002 meeting OPPOSITION: Two concerned people (adjoining properly owner to the south and a property owner to the. northeast across Ramsgate Drive) indicated their presence at the May 16, 2002 meeting; but that following their review. of cross sections prepared by the petitioner's agent showing lines-of-sight across the property relative to the adjoining property and public stree#, those individuals did not appear at the May 30, 2002 meeting; and that no correspondence in opposition was received. REQUEST: Petitioner. requests waiver of the following to construct a 2-story single-family residence in the RS-HS-22,000(SC) (Residential, Single-Family Hillside -Scenic Corridor Overlay) Zone: Sections 18.12.060.040 - Maximum structural heiaht. . 18.23.062.010 25 feet permitted in the Scenic Corridor Zone Overlay; and 18.84.042.010 32 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 dates set forth above, I do hereby find: 1. That fhe~waiver is hereby granted on the basis that there is a special circums#ance applicable to this property consisting of its topography and the extreme grade elevation changes which impact develop potential of this property; that the grade difference between the street (Ramsgate Drive) and the building pad (the street is about 10 feet higher than the but{ding pad) and between the building pad and adjacent tots (the building pad to the south is 20 feet higher than subject building pad and the building pad. to the north is about 15 feet lower) and, therefore, the proposed house will be extend only 22 feet above the street grade and 12 feet above the building pad #o the south; that the site cross-sections submitted by the petitioner indicate that the proposal will not adversely. impact the views from the adjacent lot to the sQUth or from Ramsgate Drive; and that the portion of the proposed house which exceeds 25 feet consists wholly of the roof with no windows. ' 2. That the proposed residence will not have a height greater than originally permitted under Variance No. 3699 (which permits up to 49 houses in the underlying Tract No. 9524, with heights ranging from 26 to 38 feet); and that since the proposal consists of a 2-story home oriented directly towards the street which is different from the previously-approved split-{evel home with one-story facing the street, which is the predominant style in Variance No. 3699, a new variance was advertised for the proposal. V2002-04501.doc -1 of 2 - ZA 2002-20 . .. r !~ 3. That the. strict application of the Zoning Code would deprive this owner of privileges that are enjoyed by other property owners who have been granted waivers of maximum structural height in the surrounding neighborhoods. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2002-04501,subject to the following conditions 1. That any required relocation of City electrical equipment shall be at the developer's expense. 2: That subject property shall be developed substantially in accordance with plans and specifications submitted to the City ofAnaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. •1 of Exhibit.No.1 and Exhibit Nos. 2 through 8, and as conditioned herein.. 3. That within a period of one (1) year from the date of this decision; the developer shall obtain a building permit and commence construction of the approved single family dwelling. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 4. That approval of this application constitutes approval of the proposed request only to the extent that it compiles 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 6~' day of June, 2002. /,~/y1/I LLCC~ nnika M. Santalahti, Zoning Administrator NOTECE: This decision shat! become final unless an appeal to the City Council, in writing, accompanied by an appes! 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. DECLARA710N OF SERVICE BY MAIL: f do hereby declare under penalty of perjury that on the date set forth below, I did deposit, in the United States Mait, a copy of the decision to the applicant and did forward a copy to the. City Clerk. DATE: June 6, 2002 ~l~t r ~ G~~ ~°~ , w `~`~-- Patricia Koral, Senior Word Processing Operat V2002-04501.doc - 2 of 2 - ZA 2002 20