Loading...
Minutes-ZA 1987/08/27J ~w,. i ~ ~~ ~ ~3 ACTION ~ ~ AGENDA REGULAR MEETING OF THE ANAHEIM CITY ZONING ADMINISTRATOR THURSDAY,-AUGUST 27`; 1987, 9:30 A.M. ~ i Annika Santalahti PRESENT• Edith Harris Linda Rios Doug Faulkner Procedure to Expedite Meeting: The proponents for conditional use permit and variance applications which are not contested will have 5 minutes to present their evidence. In contested applications, the proponents and opponent will each have 10 minutes to present their case unless additional time is requested and the complexity of the matter warrants. After the opponent(s) speak, the proponent will have 5 minutes for rebuttal. Before speaking, please give your name and address and spell your name. Staff Reports are part of the evidence received by the Zoning Administrator at each hearing. Copies are available to the public prior to and aL- the meeting. The Zoning Administrator reserves the right to deviate from the foregoing if, in the Administrator's opinion, the ends of fairness to all concerned will be served. All documents presented Lo the Zoning Administrator for review in connection with any hearing, including photographs or other acceptable visual representations of non-documentary evidence, shall be retained by the City of Anaheim for the public record and shall be available for public inspection. The action taken by the Zoning Administrator on this date regarding conditional use permits and variances is final unless, within 15 days of the Zoning Administrator's written decision being placed in the U.S. Mail, an a '~'~'eal is filed. Such a pp ppeal shall be made at- any time following the public hearing and prior to the conclusion of the appeal period. An appeal shall be made in written form t-o the City Clerk, accompanied by an appeal fee equal to one-half the amount of the original filing fee. The City Clerk, upon filing of such an appeal, will set said conditional use permit or variance for public hearing bef ore the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. After the scheduled public hearings, members of the public will be allowed to speak on items of interest, under "Items of Public Interest". Such items must be within the jurisdiction of the Zoning Administrator. Each speaker will be allotted a maximum of 3 minutes to speak. Before speaking, please give your name and address and spell your last name. Page 1 O Q47 I Page 2 August 27, 1987 la. EIR NEGATIVE DECLARATION D d ~ I Approved lb. VARIANCE N0. 3678 Approved OWNERS: DONALD J. STOLO AND CHARLENE STOLO, 10113 East Whittier Boulevard, Whittier, CA 90606 AGENT: B.E. BLANK, CIVIL ENGINEERS, P. 0. Box 6302, Anaheim, CA 92816 ATTN: BRUCE BLANK LOCATION: 7581 Marcella Lane Waivers (a) minimum lot area and (b) minimum lot width co establish a 2-lot, RS-HS-22,000(SC) Zone single-family residential subdivision. Continued from the meeting of July 30, 1987 ZONING ADMINISTRATOR DECISION N0. ZA 87-15 2a. EIR CATEGORICAL EXEMPTION-CLASS 5 ~ 0 y~T 2b. VARIANCE 3689 Approved OWNERS: VINCENT CALIFANO JR. AND PATRICE ANN CALIFANO, 331 S. Yorkshire Circle, Anaheim, CA 92807 LOCATION: 331 S. Yorkshire Circle . Waiver of minimum side yard setback to retain a storage shed. ZONING ADMINISTRATOR DECISION N0. ZA 87-16 3a. EIR NEGATIVE DECLARATION Approved 3b. VARIANCE 3693 Approved OWNERS: JAMES D. BAKER 111 AND JON MARIE BAKER, 563 Paseo Ganado, Anaheim, CA 92807 LOCATION: 563 Paseo Ganado ~ U `~ ~''~ Waiver of maximum building height co construct a 38-f ooc high, cri-level, single-family residence. ZONING ADMINISTRATOR DECISION N0. ZA 87-17 4a. CATEGORICAL EXEMPTION-CLASS 5 4b. VARIANCE N0. 3698 Approved OWNERS: JOHN A. MCLUCKEY AND SHARON G. MCLUCKEY, 8952 Crescent Drive, Huntington Beach, CA 92646 ~~ 'LOCATION: 295 Chrisalta Way (;fl Waiver of maximum structural height to construct a two-story, 36 foot high single-family residence. ' ZONING ADMINISTRATOR DECISION N0. ZA 87-18 8/27/87 r ~ . MINUTES ZONING ADMINISTRATOR PUBLIC HEARING August 27, 1987 Meeting called to Order: 9:35 a.m. Staff present: Annika Santalahti - Zoning Administrator Edith Harris - Secretary Doug Faulkner - Assistant Planner Linda Rios - Assistant Planner Annika Santalahti, Zoning Administrator, explained the procedures for the meeting and pointed out any member of the public would be permitted to speak on any matter within her jurisdiction at the end of the agenda. ITEM N0. 1. EIR NEGATIVE DECLARATION and VARIANCE N0. 3678 OWNERS: DONALD J. STOLO AND CHARLENE ST0L0, 10113 East Whittier Boulevard, Whittier, CA 90606 AGENT: B.E. BLANK, CIVIL ENGINEERS, P. 0. Box 6302, Anaheim, CA 92816 ATTN: BRUCE BLANK PROPERTY LOCATION: 7581 Martella Lane Request: Waivers (a) minimum lot area and (b) minimum lot width to establish a 2-lot, RS-HS-22,000(SC) Zone single-family residential subdivision. Continued from the meeting of July 30, 1987 There was one person indicating his presence in opposition to subject request and although the staff report was not read, it is referred to and made a part of the minutes. ' Annika Santalahti, Zoning Administrator, explained this matter was continued in order for the petitioner to submit additional drawings. Donald J. Stolo, owner, explained he had provided additional exhibits and, hopefully, has been able to satisfy most of his neighbor's concern regarding what he calls his prime view corridor. He stated Mr. Barksdale had three requests which he would be happy to attempt to accommodate:, 1) That the ridge of the home on the northernmost lot not exceed four (4) feet above the slab of Mr. Barksdale's home; however, his patio is about 16 inches lower than the slab of the house. He added according to their calculations, they are within 6 inches of meeting that request, and perhaps can accommodate that request by working with the construction drawings and lowering the proposed pad height to under 24 feet. 2) That the trees on the northernmost lot not exceed the height of the ridge of the home and that is acceptable to him. 3) That there be no antennas on the roof and that is also acceptable. Annika Santalahti stated roof-mounted equipment, including antennas, is prohibited in the Scenic Corridor. Mr. Stolo stated Mr. Ritter, the property owner to the west, is away on vacation. He stated Mr.Ritter's main concern is construction of a home on the northernmost lot and that southern front portion is the prime location of this property and always has been and any home built there will encumber the view because that neighbor has a one-story home. Mr. Stolo stated he discussed the equestrian trail with Dick Mayer of the Park's Department and the trail is not part of the established trail system, and it goes nowhere, but Mr. Mayer thought it is necessary to augment the trail system. He stated there is also a question whether the City is going to be able to maintain it in the future. He suggested a compromise to place a tentative equestrain trail along the westerly side of the property and agree to dedicate the trail if and when the City decides to accept it. He responded to Ms. Santalahti that the agreement would be to dedicate the trail at no cost to the City, not to construct it, when the City determines whether or not they need it. Tony Barksdale stated his concerns are as stated at the previous meeting and with the things mentioned by Mr. Stolo, he thought the plans are acceptable. He stated his patio is 16" lower than his house and he would like a condition included to make sure the height of the building would not be raised. He referred to a 10-foot wide waterline easement which crosses the property and stated he thought there would have to be a 10-foot setback from that easement. He stated he didn't have a lot of opposition to the request and Mr. Stolo has tried to mitigate his concerns. He stated he would probably lose 25 to 30~ of his view, but that is reasonable. Annika Santalahti stated Exhibit No. 5 showing cross sections shows the height of the highest ridge point of his house is no more than four feet above the level of the patio. Mr. Barksdale stated he thought that exhibit shows a 16" difference. Annika Santalahti stated she recieved three letters of opposition and copies have been given to Mr. Stolo and one letter indicated opposition to the lot split with both lots being below the minimums required; that one indicated concern about the natural water runoff area and one letter indicated opposition to the variance. She added she also received a memo from Dick Mayer of the Parks Department, and since then he agreed to the trail on the westerly side of the property. Mr. Santalahti asked Mr. Stolo if he would agree not to have the structure on the rear lot higher than four feet above the patio level of the Barksdale house, since that is the house most negatively impacted. Mr. Stolo stated he would agree with that restriction. Ms. Santalahti stated Exhibit No. 5 shows they are still within the height limits of the RS-HS-22,000(SC) Zone. Mr. Stolo stated Mr. Whitehall was a partner in developing property just to the west in 1979 and a waiver for the same thing was granted and he did not understand his letter of opposition. -2- Doug Faulkner, Assistant Planner, stated Code does not have a setback requirement from a public utility easement; and that it mentions equestrian and hiking easements and priority across easements. Ms. Santalahti stated the easement can be included as a condition of approval. Doug Faulkner stated Condition No. 9 regarding the hiking and equestrian easement should probably be modified to read that the easement extends along the entire length of the northerly and westerly property lines. Ms. Santalahti stated if this is approved, the final condition indicates approval does not mean the petitioner has approved of any other waivers. Code and wanted to be sure the petitioner did not get into ttouble with a water easement on the property. She stated sometimes this type explanation does not show up in title searches. Ms. Santalahti stated one of the exhibits show a potential impact on the house to the east and there is about a 12-foot difference between the two lots and it appears the property to the west is about 10 feet lower. She asked if Mr. Stolo would agree to a 10-foot setback along the westerly property line in addition to the 10-foot wide equestrian trail so there is no structure closer than 20 feet to the westerly property line. Mr. Stolo responded he would be willing to make that siptulation. Ms. Santalahti stated she would require a covenant be recorded on both parcels in connection with the Parcel Map. Mr. Barksdale asked if all these stipulations could become ,a part of this particular property because it is possible the property could be sold. Ms. Santalahti stated a 10-foot wide setback, plus the 10-foot wide equestrian trail would become a part of the parcel map; however, if he sold the property before the parcel map is recorded, Mr. Barksdale could have to go through this again. She stated the equestrian trail would be an irrevocable offer to dedicate and if it is included on the parcel map, any future owner would be subject to the same obligation. Doug Faulkner stated Condition No. 19 requires that all requirements be set forth on the face of the final map before it is recorded. Responding to Mr. Barksdale, Ms. Santalahti stated including a condition requiring trimming of the trees would be difficult to enforce; however, no roof-mounted equipment would be allowed so there could be no antennas, etc., but the owner could plant trees as desired on the property and, hopefully, they would plant low, slow-growing trees. Mr. Barksdale stated Eucalyptus trees along the equestrian trail could block his view in five years. Mr. Stolo stated he is willing to do whatever makes the City and Mr. Barksdale comfortable; but would not want to put the City in the position of being responsible for maintaining trees in 20 years, and added he doesn't have a solution to that problem. -3- ~ THE PUBLIC HEARING WAS CLOSED. Ms. Santalahti stated she will approve Variance No. 3678 on the basis that there is a possibility of additional acquisition of proeprty and then two houses could be developed on the property, one with an easement across the front lot, and the second lot, being a panhandle lot, which would be a more practical proposal and that property owner would have full responsibility for pavement of the driveway; and on the basis that this is a minimal request and is reasonable based on the lot size and because of the grade differential. She stated Condition No. 9 will be modified with the horse ,trail to be along the westerly and northerly property lines and an irrevocable offer of ' dedication with the City making a decison within one year whether the trail is needed. She stated Condition No. 17 will be modified to include that the plans will be revised to show a minimum 20-foot wide building setback along the westerly property line; and a new conditon requiring a covenant shall be recorded to guarantee the height limit to the property to the east, and also to include a guarantee that the 20-foot wide setback along .'the westerly property line, whether the equestrian trail goes in, or not. Ms. Santalahti explained the 15-day appeal period. Ms. Stolo asked for clarification regarding the height limit. Ms. Santalahti stated she would like to see the height limit apply to both parcels. Mr. Stolo stated according to the calculation, the front lot will be higher and would have a one-story structure. After reviewing the exhibits, Ms. Santalahti stated the height restriction would apply only to the rear lot and the condition would require that the property be developed in accordance with exhibits presented. ITEM N0. 2. EIR CATEGORICAL EXEMPTION-CLASS 5 AND VARIANCE 3689 OWNERS: VINCENT CALIFANO JR. AND PATRICE ANN CALIFANO, 331 S. Yorkshire Circle, Anaheim, CA 92807, LOCATION: 331 S. Yorkshire Circle Waiver of minimum side yard setback to retain a storage shed. There was no one indicating their presence in opposition to subject request and although the staff report was not read, it is referred o and made a part of the minutes. Annika Santalahti, Zoning Administrator, explained the staff report indicates the setback required for the minimum sideyard is 10 feet, rather than 15 feet as shown, and that the staff report should be corrected. Vincent Califano, owner, explained he did discuss this proposal with several neighbors and that he was not aware of any opposition. THE PUBLIC HEARING WAS CLOSED. Annika Santalahti stated photographs were submitted in addition to the exhibits which show the closest residential structure to the west has a view of the roof of the back of the structure; and that this storage shed is a nice looking structure. She stated the structure cannot be seen from the street and that she could not see it when she went out to the site. -4-