Resolution-ZA 1988-51~.
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DECISION OF THE ZONING ADMINISTRATOR N0. ZA 88-51
PETITION: VARIANCE N0. 3830 CEOA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: August 11, 1988.
OPPOSITION: 10 people indicated their presence and 9 people spoke in
opposition at the public hearing; and 7 letters in opposition
were received.
OWNER: DMST DEVELOPMENT, INC., ATTN: John D. Dye, 1203 W. Lambert Road,
No. 200, Brea, CA 92621
LOCATION: 120, 121, 124 and 125 South Martin Road
REQUEST: Petitioner requests waiver of the following under authority of
Code Section 18.12.060.040 to construct 4 single-family
residences:
SECTION 18.84.042.011 - Maximum Structural Height.
(25 feet permitted in the Scenic Corridor
Overlay Zone; 28 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 consists of 4 houses located on a gradual slope which is
very visible to adjacent and nearby residential properties, particularly
parcels. to the east; that the placement and axis of the 4 proposed roof
ridge lines (which exceed the height limit) are in a north-south direction
which is particularly visible to other area residential parcels; and that
the roof areas over 25 feet in height exceed 41~, of the total roof areas;
2. That there are no 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 does not deprive 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
4, 2-story, 28-foot high, single-family residences on a rectangularly-shaped
parcel of land consisting of approximately 2.4 acres located at the existing
southerly terminus of Martin Road, having a partial frontage of 160 feet on
the south side of Martella Lane, having a maximum depth of approximately 330
feet, being located approximately 450 feet south of the centerline of Canyon
Crest Drive and further described as 120, 121, 124 and 125 South Martin Road;
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Page 2
Variance No. 3830
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
deny Variance No. 3830.
This decision is made, signed, and entered into the file this eighteenth day
of August, 1988.
~ .~~~~~a~~-
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
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 : ~ J`i/~ ~ ~
Pamela H. Starnes, Executive Secretary
0097g
2 ZA 88-51