Resolution-ZA 1988-50w m •
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DECISION OF THE ZONING ADMINISTRATOR N0. ZA 88-50
PETITION: VARIANCE N0. 3828 CEQA STATUS: CATEGORICAL EXEMPTION,
CLASS 3
DATE OF PUBLIC HEARING: August ll, 1988,. continued .from the meeting of
July 28, 1988.
SUPPORT: One letter was received in support of the proposal.
OPPOSITION: 9 people spoke in opposition at the public hearing; and 5 letters
in opposition were received.
OWNER: TONY W. BAXTER, 6401 E. Nohl Ranch Road, No. 9, Anaheim, CA 92807
LOCATION: 7635 East Silver Dollar Lane
REQUEST: Petitioner. requests waiver of the following under authority of
Code Section 18.12..060.040 to construct a 2-story, 31.5-foot
high, single-family residence:
SECTION 18.84.042.011 - Maximum Structural Height.
(25-feet permitted in the Scenic
Corridor Overlay Zone; 31.5 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
dates set forth above, I do hereby find:
1. To approve the proposal, in part, permitting a maximum 28-foot high
.dwelling on the basis that said approval is minimal amounting to a 12's
deviance (3 feet) from .the permitted height (25 feet) with only about 6~
to 8~ of the total roof area actually exceeding the permitted height; and,
further, that said excess'. roof height is oriented in such a way as to have
minimal impact on the view of any nearby lots because subject building pad
is significantly higher than the lots to the. east, south and west, and the
lot to the north has a northwesterly view orientation;
2. 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
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 QUALITY ACT FINDING: That the Zoning Administrator
has reviewed- the proposal for waiver of maximum structural height to construct
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Variance No. 3828
a 2-story, 31.5- foot high, single-family residence on an irregularly-shaped
parcel.-of land consisting o£; approximately 0.6 acre having a frontage of
approximately 232 feet on the west side of Silver Dollar Lane having a
maximumdepth of approximately 163 feet, being located approximately 750 feet
southwest of the intersection of Eucalyptus Drive and Silver Dollar Lane and
further described as '7635. East Silver Dollar Lane; 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 Environmental Impact .Report 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. 3828, in part, for a maximum height of 28 feet, subject
to the following conditions:
1. That unless proof of exemption is submitted in compliance with City
.Council Resolution No. 85R-423, 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 City Council resolution.
4. That subject proposal shall be served by underground utilities.
5. That a perpetual easement agreement for .a .strip of land ten (10) feet wide
for utilities purposes for. an existing overhead pole line located in the
northern portion of subject property shall be submitted to the City
Attorney's Office for review. and approval. The approved agreement shall.
then be filed and recorded in the Office. of- the Orange County Recorder.
Proof of-said recordation shall then be submitted to the Zoning Division.
6. That prior to commencement of structural framing, fire hydrants shall be
installed and charged as required and approved by the City Fire Department.
7. That any specimen tree removal shall be .subject to the tree preservation
regulations in Chapter 18.84 of the Anaheim Municipal Code, the "5C"
Scenic Corridor Overlay Zone.
8. That, as_specified in Anaheim Municipal Code Section No. 18.84.042.012, no
roof-mounted equipment, whatsoever, shall be permitted.
2 ZA 88-50
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Variance No. 3828
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9. That subject property shall-be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
Nos. 1 through .7; provided, however, that the maximum building height
shall not exceed twenty eight (28) feet.
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 5, 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 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 eighteenth day
of August,.1988.
Jan • ,.~~~i~~~Lt~Le~L2-~%t,~.i
Annika M. Sa'n't ralahti
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
members 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 copy to the City Clerk.
DATED: d 4 O ~~~~-~'• /
Pamela H. Starnes, Executive Secretary
0096g
3 ZA 88-50