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Resolution-ZA 1988-37a DECISION OF THE ZONING ADMINISTRATOR`- ZA 88-37 PETITION NO.: VARIANCE N0. 3803 DATE OF PUBLIC HEARING: June 16, 1988 CEQA STATUS: CATEGORICAL EXEMPTION CLASS 3 OPPOSITION: No one indicated their presence in opposition and no correspondence was received. OWNER: DEAN R. POREMBA AND KATHY D., POREMBA, 10571 Wulff Drive, Villa Park, CA 92667 LOCATION: 6924 E. Overlook Terrace REQUEST: Petitioner requests waiver of the following under authority of Code Section. 18.12.060.040 to construct a two-story, 35-foot high, single-family residence. SECTION 18.84.042.011 - Maximum Structural Height. (25 feet permitted in the Scenic Corridor Zone Overlay; 35 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 date set forth above, I do hereby find: 1. That the proposal is minimal in that only 7~ of the roof area exceeds 30 feet in height, that there will. be no development to the east (which area is set aside for open space), that the adjacent property to the south is being developed with a 35.5 foot high residence in connection with Variance No. 3582, that the lots to the west across Overlook Terrace are oriented for a westerly view, and that the. adjacent building pad to-.the north is approximately 10 feet lower than subject building pad. 2. That there are special circumstances applicable to he property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity;-and 3. 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 OUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal to construct a 2-story,_35-foot high, single-family residence with waiver of maximum structural height is on an irregularly-shaped Page 2 Variance No. 3803 i t parcel of land consisting of 1 acre having a frontage of approximately 247 feet on the east side of Overlook Terrace, having a maximum depth of approximately.463 feet, being located approximately 50 feet south of the centerline of Tuckaway Circle and further described as 6924 East Overlook Terrace; and that 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. 3803, 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 City Council resolution. 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 City Council resolution. 4, That subject property authorized by this resolution shall be served by underground utilities. 5. That, as specified in Anaheim Municipal Code Section No. 18.84.042.012, no roof-mounted equipment, whatsoever,. shall be permitted. 6. That subject property shall be developed substantially in accordance with plans and specifications on file with. the City of Anaheim marked of Exhibit Nos. 1 through 6. 7. 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. 8. That prior to final building and zoning inspections, Condition Nos. 4 and 6, .above-mentioned, shall be complied with. 2 ZA 88-37 ~ ~ Page 3 Variance No. 3803 9. 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-third day of June, 1988. Annika M. 5antalahti 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 United States Mail, a copy of the decision to the applicant and did forward a copyt-oL-t-he City Clerk. DATED: June 23, .1988 ~ ~~'~~~'dL~~~~ Pamela H. Starnes, Senior Secretary 0058g 3 ZA 88-37 s