Resolution-ZA 1988-05
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-05
PETITION NO.: VARIANCE N0. 3757 CEQA STATUS: CATEGORICAL EXEMPTION -
CLASS 3
DATE OF PUBLIC HEARING: February 11, 1988.
OPPOSITION: No one indicated there presence in opposition.
OWNERS: ROBERT J. SLAUGHTER AND SHIRLEY J. SLAUGHTER, 8572 Travistuck,
Buena Park, CA 90621
AGENT: THOMAS Q. NICHOLSON, 315 Black Oak, Anaheim, CA 92807
LOCATION: 1180 Tamarisk Drive
REQUEST: Petitioner requests waiver of the following under authority of Code
Section 18.12.060.040 to construct a two-story, 40 foot-high,
single-family residence:
SECTION 18.84.042.011 - Minimum Structural Height.
{25 feet required; 40 ft. 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, that:
1. That there are special circumstances applicable to the property such as
size, shape, topography, location or surroundings, which do not apply to
other identically zoned properties in the vicinity, in that the proposed
building is located on a split level lot and the dwelling height, as
modified at the public hearing, will not exceed thirty (30) feet when
viewed from Tamarisk Drive. or thirty-five (35) feet (a portion of the
roof, 2 chimneys and a cupola) when viewed from the rear.
2. 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 FINDING: That the Zoning Administrator
has reviewed .the proposal to construct a 2-story, 40-foot high, single-family
residence on an irregularly shaped parcel of land, consisting of approximately
2.2 acres, located north of the terminus of Tamarisk Drive, having a frontage
of approximately 108 feet on the north side of Tamarisk Drive, having amaximum
depth of approximately 542 feet and being located approximately 840 feet east
of the centerline of Avenida De Santiago and further described as 1180
Tamarisk Drive; and the Planning Director or his authorized representative has
determined that the proposed project falls within the definition of
Categorical Exemptions, Class 3, as defined in the State EIR Guidelines and
is, therefore, categorically exempt from the requirement to prepare an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3757 in part, subject to the following conditions:
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Variance No. 3757
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1. That prior to issuance of a building permit, the appropriate major
thoroughfare and bridge fee shall be paid to the City of Anaheim in an
amount as specified in the Major Thoroughfare and Bridge Fee Program for
the Foothill/Eastern Transportation Corridor, as approved by City Council
Resolution No. 85R-423.
2. That prior to issuance of a building permit appropriate park and
recreation in-lieu fees shall be paid to the City of Anaheim in an amount
as determined by the City Council.
3. That prior to issuance of a building permit, the appropriate traffic
signal assessment fee shall be paid to the City of Anaheim in an amount
as determined by the City Council.
4. That subject property shall be served by underground utilities.
5. That any specimen tree removal shall be subject to the tree preservation
regulations in Chapter .18.84 of the Anaheim Municipal Code, the "SC"
Scenic Corridor Overlay Zone.
6. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012,
no roof-mounted equipment, whatsoever, shall be permitted.
7. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. l through 6; provided, however, that the maximum building height
shall not exceed thirty-five (35) feet.
8. That prior to issuance of a building permit, or within a period of one
year from the date of this decision, whichever occurs first, Condition
Nos. 1, 2 and 3, 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.
9. That prior to final building and zoning inspections, Condition Nos. 4 and
7, above-mentioned, shall be complied with.
10. 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 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.
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Variance No. 3757
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This decision is made, signed, and entered into the file this eighteenth day
of February, 1988.
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 days of the date of the signing of this decision or unless a
member 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 US Mail, a copy of the
decision to the applicant and did forward a copy to the City Clerk.
DATED: February 18, 1988
Pamela H. Starnes, Senior Secretary
Anaheim Planning Department
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