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Minutes-ZA 2008/05/22• • CITY OF ANAHEIM ZONING ADMINISTRATOR MINUTES THURSDAY, MAY 22, 2008 9:30 A.M. City Council Chambers, City Hall East 200 South Anaheim Boulevard, Anaheim, California STAFF PRESENT: John Van Doren, Zoning Administrator Mark Gordon, Assistant City Attorney Ted White, Senior Planner Darrell Gentry, Consultant Planner Jamie Lai, Principal Civil Engineer Sandip Budhia, Associate Engineer Donna Patino, Secretary AGENDA POSTING: A complete copy of the Zoning Administrator Agenda was posted at 8:30 a.m. on Monday, May 19, 2008 inside the display case located in the foyer of the Council Chambers, and also in the outside display kiosk. PUBLISHED: Anaheim Bulletin Newspaper on Thursday, May 8, 2008 PUBLIC HEARING ITEMS PUBLIC COMMENTS ADJOURNMENT H:\Tools\ZAadminWCZA052208 zoningadministratorCcDanaheim.net • MAY 22, 2008 ZONING ADMINISTRATOR MINUTES 1. ITEMS OF PUBLIC INTEREST: NONE Minutes 2. Receiving and approving the Minutes from the Zoning Administrator Approved Meeting of April 24, 2008. Resorts and Recommendations• None. 05-22-08 Page 2 of 7 MAY 22, 2008 ZONING ADMINISTRATOR MINUTES Public Hearing Items: 3. CEQA CATEGORICAL EXEMPTION -CLASS 1, AND VARIANCE NO. 2008-04751 OWNER/ Concurred with staff Approved APPLICANT: Rod and Debbie O'Connor Deleted Condition No. 3 111 South Martin Road (related to convenant) Anaheim, CA 92808 LOCATION: 111 South Martin Road: Property is approximately 0.5 acre, having a frontage of 181 feet on the west side of 15-day appeal period Martin Road approximately 85 feet south of the centerline of Santa Ana Canyon Road. Request waiver of maximum fence height to permit a 6-foot wrought iron high fence with 7-foot high pilasters in the front yard of an existing single- family residence. Project Planner: Continued from Zoning Administrator meeting of April 24, 2008. Darrell Gentry (dgentry@anaheim. net) CEQA CATEGORICAL EXEMPTION AND VARIANCE RESOLUTION NO. ZA2008-8 John Van Doren, Zoning Administrator, opened the public hearing. He asked staff if there has been any written or oral communication regarding this item. Staff replied none received. Ted White, Senior Planner, introduced Item No. 3 and stated that this is a request for a waiver of a maximum fence height at 111 South Martin Road to permit a 6-foot high wrought iron fence with 7-foot high pilasters in the front yard of an existing single-family residence. This item was continued from the April 28, 2008, Zoning Administrator meeting. Mr. Van Doren asked if there was anyone who would like to speak in opposition of this request; seeing none, he closed the public hearing. Mr. Van Doren took action to approve Resolution No. ZA 2008-8 which includes CEQA Categorical Exemption, Class 1 and to approve Variance No. 2008-04751 based on the findings described in the staff report and the draft resolution as prepared by Planning Staff. Mr. Van Doren re-opened Item No. 3 for additional staff input. Mark Gordon, Assistant City Attorney, stated that the applicant Mr. O'Conner is not present today and has not presented any new information. This item is a continuation of a public hearing that was previously scheduled. After this item was deliberated and approved it had 05-22-08 Page 3 of 7 • • MAY 22, 2008 ZONING ADMINISTRATOR MINUTES come to his attention that Condition No. 3, which is identified in the proposed resolution as Condition No. 4 but appear as Condition No. 3 in order, requires the applicant to submit a covenant which is acceptable to the City to be recorded with the County Recorder to provide for the continued maintenance of landscaping and irrigation facilities located within the existing private road and public utility easement. The purpose of the condition was to address the applicant's development of the fence and some landscaping outside of his property within the private easement that fronts his property. Since the applicant has demonstrated to the City that the fence and landscaping is entirely located on private property, owned by Mr. O'Conner at the location and not within the existing right-of-way, there would be no need for this condition and in his opinion it would frustrate the project. Mr. Gordon recommended that the condition be deleted. Mr. Van Doren asked for confirmation that this issue was the purpose of the continuance from the previous meeting. Mr. Gordon stated that is correct. There was an issue regarding the location of the fence. Staff believed that the fence and some landscaping would be located within the private road and utilities easement and now the issue has been resolved. Mr. Van Doren stated that the additional input by staff is that there is currently a condition that was intended to address the easement issue as originally presented. The plans shown today identified that the entire project is within the private property and not within the easement and therefore, the condition is no longer necessary. He concurs with staffs input and recommendation to remove that condition from the proposed resolution and findings and he asked that proper resolution be drawn to reflect the deletion of that condition. 05-22-08 Page 4 of 7 • MAY 22, 2008 ZONING ADMINISTRATOR MINUTES CJ 4. CEQA CATEGORICAL EXEMPTION -CLASS 1, AND VARIANCE NO. 2008-04752 OWNER: Jung Hoan Cho 550 S. Whispering Road Anaheim, CA 92808 APPLICANT: David C. Queyrel 1900 E. La Palma Ave. #202 Anaheim, CA 92805 LOCATION: 550 South Whispering Ridge Lane. Property is approximately 1.0 acre, having a frontage of 34 feet on a private access easement, a maximum depth of 231 feet and located approximately 340 feet east of the centerline of Old Ranch Road. Request for waiver of maximum fence height to permit a 14-foot high stair-step retaining wall within the front yard setback of an existing single- family residence. CEQA CATEGORICAL EXEMPTION AND VARIANCE RESOLUTION NO. ZA2008-9 Concurred with staff Approved 15-day appeal period Project Planner: Darrell Gentry (dgentry@anaheim. net) John Van Doren, Zoning Administrator, opened the public hearing. He asked staff if there has been any written or oral communication regarding this item. Staff replied none received. Ted White, Senior Planner, introduced Item No. 4 and stated that this is a request for a waiver for a maximum fence height at 550 S. Whispering Ridge Lane to permit a 14-foot high stair-step retaining wall within the front yard setback of an existing single-family residence. David Queyrel, Anacal Engineering Co., 1900 E. La Palma Avenue, Suite 202, stated that Mr. Cho owns this property with a lot of street frontage at 16% slope. In the original design of the tract the slope did not allow him fair use of his front yard property. The proposal requested is to allow him to better use his property in a method that is consistent with the adjacent properties in that area. He is available to answer any questions. Mr. Van Doren stated that he has reviewed the plans and photographs that depict the unique circumstances of the property and the lot shape and he is satisfied. Mr. Van Doren asked if there was anyone who would like to speak in opposition of this request. James Buckholz, resident, 437 S. Country Hill Road, Anaheim, stated that he is not in opposition but he is in favor of this request. He stated that he owns the property in the back below Mr. Cho's. He stated when the developer built the property the property was built with no 05-22-08 Page 5 of 7 • MAY 22, 2008 ZONING ADMINISTRATOR MINUTES • walls. When it rained the water and mud would flood his pool and the owner did not do anything to help him fix it. He is in favor of the wall that would go behind the property to separate his property to keep the water from flooding his pool. Mr. Van Doren closed the public hearing. Mr. Van Doren took action to approve resolution No. ZA 2008-9 which includes CEQA Categorical Exemption, Class 1 and to approve Variance No. 2008-04752 based on the findings described in the staff report and the draft resolution as prepared by Planning Staff. 05-22-08 Page 6 of 7 • MAY 22, 2008 ZONING ADMINISTRATOR MINUTES MEETING ADJOURNED AT 9:45 A.M. TO THURSDAY, JUNE 5, 2008 AT 9:30 A.M. Respectfully Sari Patino Secretary Received and approved by the Zoning Administrator on June 05, 2008. 05-22-08 Page 7 of 7