Resolution-ZA 1988-55• •
.DECISION OF THE ZONING ADMINISTRATOR - ZA88-55
PETITION: VARIANCE N0. 3845 CEQA STATUS: NEGATIVE DECLARATION
DATE OF PUBLIC HEARING: September 22, 1488
OPPOSITION: No one indicated their presence at the public hearing in
opposition, and no correspondence in opposition was received.
SUPPORT: A petition containing signatures representing 9 residences along
Westgate Drive was received in support of the proposal.
OWNERS: JOHN GRAUTEN AND MARILYN GRAUTEN, 522 South Westgate Drive,
Anaheim, CA 92806
RODOLFO ORINA RAMIRE2 AND JULIET MACARAEG RAMIREZ,
516 South Westgate Drive, Anaheim, CA 92806
LOCATION: 516 and 522 South Westgate Drive
REQUEST: Petitioner requests the. following waivers under authority of Code
Sections 18.12.060.050 and 18.12.060.090 to construct a 9-foot
high lattice trellis fence:
(A) SECTIONS 18.04.043.102 - Maximum fence height.
and 18.26.068.021 (6 feet permitted in required rear
yards; feet proposed)
(B) SECTIONS 18.04.043.102 - Minimum rear yard setback..
18.26.063.030 (10 feet required for fence
and 18.26.064.110 exceeding 6 feet in height;
6 inches 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 will protect the privacy of the rear yards of subject
single family lots, which yards are otherwise visible from the adjacent
apartment buildings and from the elevated entrance driveway to said
apartment complex.
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.
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Page 2
Variance No. 3845
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waivers of maximum fence height and minimum rear
yard setback to construct a 9-foot high lattice trellis fence on a
rectangularly-shaped .parcel of land consisting of approximately 0.35 acre,
having a frontage of approximately 140 feet ,on the east side of Westgate
Drive, having a maximum depth of approximately 110 feet, being located
approximately 1,020 feet north of the centerline of South Street and further
described as -516 and 522 South Westgate Drive; 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
approve. Variance No. 3845, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
No. l; provided, however, that:
{a) The fence design may be either wood lattice as shown on Exhibit No.
1 or, alternatively, solid. wood boards as shown on the photographs
labeled Exhibit No. 2 and dated 9-23-88; and/or
(b) The approved fence may be either a free-standing. nine (9) foot high
structure located about six (6) inches from the existing block wall
(as shown on Exhibit 1) or a modification to the existing 6-foot
high block wall with four (4) foot high wood fencing attached to the
top of said block wall [as discussed in Item 1(a) above).
2. That if the wood lattice/boards are to be attached to the top of the
existing block wall [as discussed in Item 1{b) above], the petitioner
shall,. prior to issuance of a permit, submit to the Planning Department
written proof that the owner of said. block wall agrees to the
modification.
3. That appropriate permits shall be obtained from the Building Division.
4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with
within a period of ninety (90) days from the date of this decision.
5. 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.
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ZA88-55
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Page 3
Variance No. 3845
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This decision is made, signed, and entered into the file this twenty-ninth day
of September, 19 8.
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 davs 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'c/opy to the City Clerk.
DATED: September 29, 1988 ~1~~72G~l~/ ~, ~ ;~1~~/121~
Pamela H. Starnes, E$ecutive Secretary
3 ZA88-55