Resolution-ZA 2000-13• •
DECISION NO. ZA 2000-13
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4388
OWNER: Larry Goebel
5130 Vista Montana, Yorba Linda, CA 92886
AGENT: Wallis E. Smith
26501 Mirar Vista Drive, Mission Viejo, CA 92652
LOCATION: 346 South Whitestone Drive
HEARING DATE: March 9, 2000, continued from the meeting of February 10, 2000.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence in opposition was received.
REQUEST: Petitioner requests waiver of the following to permit and retain an existing 2-story single
family residence (under construction) in the RS-HS 22,000(SC) (Residential, Single-Family-
Scenic Corridor Overlay) Zone:
Sections 18.12.060.040 - Maximum structural height.
18.23.062.020.0201 25 feet pemnitted in the Scenic Corridor Zone Overlay;
and 18.84.042.010 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, 1 do hereby find:
That this public hearing was continued and readvertised from the February 10, 2000 meeting for the
petitioner to submit revised plans and for new public notices to be mailed regarding an increase in
structural height from 33 to 35 feet, because the plans for the proposal were revised following
issuance of a building permit to include a storage basement which increased the building height, as
defined by the Zoning Code, to 35 feet on the east side of the house.
2. That the proposal consists of 12.7% of the overall roof area being up to 35 feet high; and Zoning
Code permits a maximum of 10°~6 of the roof area to be up to 30 feet with the other 90% being 25
feet or lower.
3. That due to the slope of the property, the proposed house will have an elevation of about 25 feet on
the front (west) side facing Whitestone Drive and 35 feet on the rear (east) side.
4. That strict application of the Zoning Code deprives this property of privileges enjoyed by other
properties under identical zoning classification in the vicinity because variances for residential
building heights greater than 25 feet have been approved for 62 residential lots within a quarter mile
radius of this property; and that 49 of those lots are on Whitestone Drive or Ramsgate Drive in the
same tract where the proposal is located.
5. That there are special circumstances applicable to the property pertaining to topography, location
and surroundings, which do not apply to other identically zoned properties in the vicinity; and
although many of the properties in the area have variations in topography, this particular property
has a very steep downward slope towards the rear (east) of the lot with virtually no flat buildable pad
areas.
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6. That the design of this single family home is sensitive to the views and visibility of surrounding
single family homes.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of maximum structural height (25 feet permitted, 35 feet proposed) to permit and
retain an existing 2-story single family residence (under construction) in the RS-HS 22,000 (SC)(Residential,
Single-Family Hillside-Scenic Corridor Overlay) zone on an irregularly-shaped 0.69-acre property having a
frontage of 241 feet on the east side of Whitestone Drive and a maximum depth of 201 feet, being located
614 feet north of the centerline of Ramsgate Drive, and further described as 346 South Whitestone 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
Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
4388, 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, 2, 3, 6, 8 and 9, and Revision No. 1 of Exhibit Nos. 4, 5 and 7.
3. That prior to final building and zoning inspections or within a period of one (1) year from the date of
this decision, whichever occurs first, Condition No. 2, 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.
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 16m day of March 2000.
nnika M. Santala ti
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 deGare 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 forvvar~d a
copy to the City Clerk.
DATE: March 16, 2000 .
Da ' lle C. Masci /~
Word Processing Operator
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