Resolution-ZA 2000-11
DECISION NO. ZA 2000-11
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4387
OWNER: Moussa Raiszadeh
P.O. Box 673
Bryn Maur, CA 92318
LOCATION: 349 South Ramsgate Drive
HEARING DATE: February 10, 2000
OPPOSITION: One interested person indicated their presence at the public hearing regarding this
project; that no correspondence in opposition was received; and that other
correspondence was received but it referenced the wrong lot and address.
REQUEST: Waiver of the following to construct a 2-story single family residence in the
RS-HS-22,000(SC) (Residential, Single-Family-Scenic Corridor Overlay) Zone:
Sections 18.12.060.040 - Maximum structural height.
18.23.062.010 (30-foot cupola above 25-foot high roof permitted in
18.23.062.020.0201 the Scenic Corridor Zone Overlay;
and 18.84.042.020.0202 34-foot cupola above 25-foot high roof 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 proposed two-story residence totals 7,377 sq.ft., including the garage, with a total
roof area of 5,667 sq.ft.; and that, excluding the proposed cupola, the height of the roof is 25 feet.
2. That the proposed cupola/rotunda rises from the first floor and does not inGude any
habitable space above the first floor, that the cupola, located in the center of the house, will be 34 feet
high as measured from the finished grade level diredly below; and that as viewed from the street on the
east and adjacent properties to the north, south and west, the cupola appears to be 30 feet high (from
Ramsgate Drive) to 34 feet high (from the west).
3. That if this cupola were to comply with Code, it would be 30 feet high as measured from the
finished grade level diredly below; and that, other than maximum height, the cupola complies with Code
because it comprises about 4°k of the total roof area and the maximum permitted is 10°~.
4. That the proposal is minimah and that there are special circumstances applicable to this
property consisting of topography, location and surroundings, which do not apply to other identically
zoned properties in the vicinity because of the extreme grade elevation changes which prevent this
property from constructing asingle-family residence consistent with the residences within the
surrounding neighbofiood.
5. That strict application of the Zoning Code deprives this property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because other property owners in the
surrounding neighborhood have obtained height waivers; and that Variance No. 3699 was approved for
the underlying Tract No. 9524 to permit heights ranging from 26 to 38 feet for differently designed
dwellings (which have not necessarily been built); and that the proposed residence will not have a height
greater than what was originally permitted for this lot under Variance No. 3699.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has
reviewed the proposed waiver of maximum structural height to construct a 2-story single family
residence in the RS-HS 22,000(SC) (Residential, Single-Family-Scenic Cortidor Overlay) Zone on a
rectangularly-shaped 0.7-acre property having a frontage of 111 feet on the west side of Ramsgate
Drive, with a maximum depth of 265 feet and being located 265 feet north of the centerline of
Whitestone Drive, and further described as 349 South Ramsgate Drive; and that the Planning Director
or his authorized representative has determined that the proposed project is Categorically Exempt, Class
3, under Section 15061(b)(3) of the State of California Environmental Quality Ad Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4387, subject to the following conditions:
1. That any required relocation of City electrical equipment shall be at the developer's expense.
2. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 7.
3. That within a period of one (1) year from the date of this resolution, building permit(s) shall be
otrtained for this proposal. Extensions for further time may be granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
4. 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, State and
Federal 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 11"' day of February 2000.
vG~~
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. ~
DATE: Febniary 11, 2000
a ielle C. M 'el
ord Processing Ope or
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