Resolution-ZA 1989-10'!"/
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DECISION OF THE ZONING ADMINISTRATOR - ZA 89-10
PETITION:: VARIANCE NO. 3906 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 5
DATE OF'PUBLIC HEARING: February 23, 1989
OPPOSITION: No one indicated their presence in opposition and no
correspondence was received.
OWNER: Southern Pacific Transportation Company
One Market Plaza, San Francisco, CA 94105
AGENT: Taylor Lumber Company
411 South Manchester Street, Anaheim, CA 92804
LOCATION: 411 South Manchester Avenue
REQUEST: Waiver of the following to construct a 12-foot high slatted chain
link fence in the setback abutting Manchester Avenuez
Sections 18.12.060.090 - Minimum front setback.
18.61.063.011 (50 feet required for a 12-foot high
and 18.61.064.-020 fence; none 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 subject waiver is approved because other nearby properties have
buildings. and fences located on the. front property line along Manchester
Avenue, and that a previous fence for subject property has existed in the
setback area along Manchester Avenue for approximately the last 30 years;
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.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That. the Zoning Administrator
has reviewed the proposal for waiver of minimum front -yard setback to
construct a l2-foot_ high slatted chain link fence in the front setback
abutting_Manchester Avenue; and that the Planning Director or his authorized
representative has determined that the proposed project falls within the
definition of Categorical Exemptions, Class 5, as defined in the State EIR
Guidelines and is, therefore, categorically exempt from the requirement to "
prepare an EIR.
0196g 1 ZA 89-10
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Variance No. 3906
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 3906,. subject to the following conditions:
1. That all new fences shall be located outside the ultimate rights-of-way of
the adjacent streets.
2. That subject property shall be developed substantially in accordance with
plans and specifications on file with the City of Anaheim marked Exhibit
No. 1.
3. .That. the appropriate permit shall be obtained .from the Building Division
for the proposed twelve (12) .foot high chainlink fence interwoven with
redwood slats, and that plans shall be submitted showing the existing and
ultimate right-of-way widths .along Manchester Avenue as determined by the
City Engineering. Division. If any portion of the existing fence is
located within the ultimate right-of-way, such fence shall be relocated if
required by the City Engineer.
4. That when the additional right-of-way along Manchester Avenue (as
determined in connection with .Condition No. 3, above) is dedicated to the
City of Anaheim or otherwise obtained by the City, the legal owner of
subject property shall be responsible for relocating (including costs
thereof) any fencing. within the area being dedicated: '
5. That prior to final building and zoning inspections, Condition Nos. 1, 2
and 3, above-mentioned, shall be complied. with.
6. 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.-
This. decision is made., signed, and entered into the file this first day of
March, 1989.
Annika M. Santalahti
Zoning Administrator
NOTICE: This decision shall became 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 Gity Council shall request. to review this. decision within said
15 days.
01968
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ZA 89-10
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Variance No. 3906
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: March 1, 1989 ~~-~~-~ < [.~~~/ J "' `
Pamela H. Starnes, Executive Secretary