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Resolution-ZA 1988-23• • DECISION OF THE ZONING ADMINISTRATOR - ZA 88-23 PETITION NO.: VARIANCE N0. 3781 CEQA STATUS: CATEGORICAL EXEMPTION - CLASS 3 DATE OF PUBLIC HEARING: April 21, 19$8 OPPOSITION: There were two people indicating their presence in opposition, and no correspondence was received. OWNERS: JACK G. SALYER AND CHRISTINE R. SALYER, 1$082 Lantana Drive, Yorba Linda, CA 92686 AGENT: THOMAS Q. NICHOLSON, 315 Black Oak Road, Anaheim, CA 92807 LOCATION: 5106 East Crescent Drive REQUEST: Petitioner requests waivers_of the following under authority of Code Sections 18.12.060.040 and 18..12.060.050 to construct a 2 and 3-story single-family residence: (A) SECTION 18.84.042.011 -Maximum Structural Height. 25 feet permitted in the Scenic Corridor; 43 feet to chimney top and 40 feet to roof peak proposed) (B) SECTION 18.22.063.010 - Minimum Front Setback. 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 Waiver (A) is hereby approved on the basis that the proposal (consisting of a portion of the roof ridgeline and 2 chimneys) will have minimal visibility from nearby dwellings and the private access drive because of the grade differences between Subject property and adjoining parcels (ranging from 3 to 5 feet higher than the parcels to the north and east, and 7 to 18 feet lower than the parcels to the south and. west); because the proposed dwelling is less than 24 feet high as viewed from the south; because only, the northerly portion of the house exceeds 25 feet in height with the northerly elevation having the greatest visual difference between finished grade and roof ridgeline. (40 feet from grade to .highest roof. ridgeline, and 42 feet to top of chimney); because the east and west building elevations are split level with building heights ranging from 18 to 34 feet along the west elevation,. and 18 to 43 feet (chimney) along ,the east elevation; and that the submitted plans will be modified to show a maximum building height of thirty (30) feet from finished. grade to roof ridgeline along the west elevation of the house which is the ,only side visible from the private"access drive along the west property line. ` 1 Pa e 2 g Variance No. 3781 2. That Waiver (B) is hereby denied on the basis that the need for said waiver was eliminated after the public advertisement. 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 2 and 3-story single-family residence on an irregularly-shaped parcel of land consisting of approximately 1.0 acre having a frontage of approximately 200 feet on the east side of a private.. access easement from Crescent Drive, having a maximum depth of approximately 151-.feet and being located approximately .131 feet south of the centerline of Crescent Drive and 230 feet east of the centerline of Crisalta Way and further described as 5106 East Crescent Drive; 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. 3781, in part, 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 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. 5. That prior to rendering of-:water service the appropriate fees due for primary, secondary-and. fire protection shall be paid to .the Water Utility Division by the owner/developer in accordance with Rules 15A and 20 of the Water Utility Rates, Rules and Regulations. 6. That subject property authorized by this resolution shall be served by underground utilities. 2 ZA 88-23 'Page 3 Variance. No. 3781 7. 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. 8. That, as specified in Anaheim Municipal Code Section No. 18.84.041.012, no roof-mounted equipment, whatsoever,. shall be permitted. 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;>provided, however, that the west elevation shall be revised so that the maximum building height as seen from the adjacent private drive .shall .not exceed thirty (30) feet between finished grade and roof 'ridgeline. The chimneys may exceed said limitation. 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. l through 4, 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. 6 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. 13. That revised plan(s) shall be submitted within three (3) weeks from the date of this written decision, showing the revised west elevation, as specified in Condition No. 9, above. This decision is made, signed, and entered into the file-this twenty-eighth day of :April, 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 davs 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 MAILS I do hereby declare under penal y. of perjury that on the date set-forth-below, I did deposit, in the United States. Mail, a -copy of the decision to the applicant and did forward a copy to the City ,Clerk. DATED: ~~ ~ ~~~,1~~!</f9/. Pamela H. Starnes, Senior Secretary 0018g 3 ZA 88-23