Resolution-ZA 1988-21
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DECISION OF THE ZONING ADMINISTRATOR - ZA 88-21
PETITION NO.: VARIANCE N0. 3776 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: April 7, 1988, continued to meeting of April 21, 1988.
SUPPORT: There was one person present at the April 21, 1988, meeting
indicating their support.
OPPOSITION: There was one person indicating their presence in opposition
at the April 7, 1988 meeting and no one indicated their
presence in opposition at the April 21, 1988 meeting. No
correspondence was received.
OWNERS.: GERALD R. BUSHORE AND BEVERLEY V. BUSHORE, 548 S. West Street,
Anaheim,. CA 92805
LOCATION: 381 South Henning Way
REOUESTa Petitioner requests waiver of the following, under authority of
°Code Section 18.12.060.040, to construct a 2-story, 33-foot high,
single-family residence and 1 horse corral:
(A) Section 18.23.030.0912-Minimum Corral Setback.
(20-foot setback from all property lines required;
corral proposed adjacent to one or two property lines)
(B) Section 18.84.042.011-Maximum Structural Height.
(25 feet permitted in the Scenic Corridor; 28 and 33
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
dateset forth above, I do hereby find, that:
1. .That Waiver (A) is hereby granted on the basis that the proposed corral
location will have minimal or no impact on adjacent residential
properties because it will be located adjacent to a deep undevelopable
ravine (west) and/or next to a side property line where the closest
dwelling is more thanl00 feet away :(north or south').
2.
That ..Waiver (B) is hereby granted on the basis that the proposed building
height will have minimal visual impact on, any nearby properties .because
the proposed dwelling will be at a grade which is substantially above the
lot to the north (over. 12-foot difference), substantially below the lot
to the south (over 9-foot difference) and, additionally, will be located
more than 200 feet from any dwellings on adjacent parcels; and
furthermore, .that the proposed house will be built on two grade levels
:resulting in a 28-foot height as measured on the south and a 33-foot
height as measured on the north.
CORRECTED (first page only)
DECISION OF THE ZONING ADMINISTRATOR - ZA 88-21
PETITION NO.: VARIANCE N0. 3776 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: April 7, 1988, continued to meeting of April 21, 1988.
..SUPPORT: There was one person present at the April 21, 1988, meeting
indicating their support.
OPPOSITION: ere was one person indicating their presence in opposition
r at the April 7, 1988 meeting and no one indicated their
pre ence in opposition at the April 21, 1988 meeting. No
Corr sponclence was received.
OWNERS:. GERALD R. B HORE AND BEVERLY V. BUSHORE, 5483 West Street,
Anaheim, CA 2805
LOCATION:
REQUEST: Petitioner request waiver of the following, under authority of
Code Section 18.12. 60.040, to construct a 2-story, 33-foot high,
..single-family residence and l horse corral:
(A) Se tion 18:23..030.0912-Minimum Corral Setback.
(20-foot set ck from all property lines required;
corral propose} adjacent, to one or two property lines)
(B) Section 18.84.04Z'~O11-Maximum .Structural Height.
(25 feet .permitted in the Scenic Corridor; 23 and 33
feet proposed)
Having been appointed'Zoning Administrator by he Planning Director., pursuant
to Anaheim Municipal Code Section 18.12.040, to ecide the above-referenced
petition and a public hearing having been duly no iced for and held on the
date set forth above, I do hereby find, that:
1. That Waiver (A) is hereby granted on the basis that the proposed corral
location will have minimal or no impact on adjacen residential
properties because it will be located adjacent to eep undevelopable
ravine (west) and/or next to a side property line whe a the closest
dwelling is more than 100 feet away (north or south)
2. That Waiver (B) is hereby granted on the basis that the ~roposed building
-height will have minimal visual impact on any. nearby prope~Cties because
the proposed dwelling will be at a grade which is substantially above the
lot to the north .(over 12-foot difference), substantially be ow the lot
to the south (over 9-foot difference) and, additionally, will be located
more than 200 feet from any dwellings_on adjacent parcels; and
furthermore, that the proposed house will be built on two grade revels
resulting in a 28-foot height as measured on the south and a 33-fpot
height as measured on the north.
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Page 2
Variance No.-3776
3. 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; and
4. 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 33-foot high single-family residence
and 1 horse corral on an irregularly-shaped parcel of land consisting of
approximately l.O acre, having a frontage of approximately 137 feet on the
west side of Henning Way, having a maximum depth of approximately 363 feet and
being located approximately 1,100 feet south of the intersection of Quintana
Drive and Henning Way and further described as 381 South Henning Way; 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. 3776, subject. to the following 'conditions:
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 proposal authorized by this resolution 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. 1$.84.041.012,
no roof-mounted equipment, whatsoever,. shall be permitted.
7. That fire sprinklers shall be installed as may be required by the City
Fire Marshall, based on accessibility for emergency vehicles, including
:appropriate grade of the access streets.
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Page 3
Variance No. 3776
8. That prior to issuance of a building permit, the owner of subject
property shall pay the appropriate drainage assessment fees to the City
of Anaheim in an amount as determined by the City Engineer.
9. 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.
10. 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, 3, and 8 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.
11. That prior to final building and zoning inspections, Condition Nos. 4, 7,
and 9, above-mentioned, shall be complied with.
12. 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.
This decision is made, signed, and entered into the file this twenty-eighth
day of April, 19$8. -
Annika M. Santalahti
Zoning Administrator
NOTICE: .This decision shall become final unless an appeal to the City
Council, in writing, accompanied bg 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 United States Mai a
copy of the decision to the applicant and did forward a copy to the City Clerk.
DATED :. ~ ~ ~ ~ ~~/~ .~-V ~ l
Pamela H. Starnes, Senior Secretary
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3 ZA 88-21