Resolution-ZA 1989-63•
DECISION OF THE ZONING ADMINISTRATOR - ZA 89-63
PETITION: VARIANCE NO. 3987 CEQA STATUS:- CATEGORICAL EXEMPTION,
CLASS 3
.DATE OF PUBLIG.HEARING: September. 21, 1989
-0PPOSITION: 2 people attended the public hearing and spoke in opposition; and
no correspondence in opposition was received.
OWNER: WILLIAM J. IVANCSO
.997 South Siet Place, Anaheim, CA 92806
LOCATION:: 997 South Siet Place
REQUEST: Petitioner .requests waiver of the following under authority of Code
Section 18.12.060.090 to retain an existing 6 foot block wall fence:
SECTIONS 18.04.043.101 - Maximum fence height.
and 18.26.064.110 (3 feet permitted in 12-1/2 foot .side
yard of a 'reversed corner' lot;
6 feet proposed along Maverick Avenue)
.Having been.`apponted 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 request is minimal because ,the petitioner agreed at the public
hearing to making the following revisions: modify the location of
subject block wall to provide °safe vehicle and pedestrian visibility at
the southwest corner between 'the westerly neighbors' driveway and: the
public sidewalk along Maverick Avenue, landscaping or paving the
resultant corner 'cut=-off', and painting or coating the visible sides of
subject wal to a uniform color which is compatible with. the color of the
`petitioner's house;
2. That, `because subject property is a 'reversed corner' lot (the
petitioner's .rear property line is also the westerly neighbor's side
property, line), .placement of any fences or walls around petitioner's back
..yard is restricted and,' therefore, there are special circumstances
applicable to the property which do 'not apply to most other identically
zoned corner lots in the vicinity; and
3. That strict application of he .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 maximum fence height to retain an
existing 6 foot- block wall -fence on a rectangularly- haped -.parcel of ..land
consisting of approximately 7,500 square feet, located-at the northwest corner
of Maverick Avenue and Siet Place, having frontages of approximately 100 feet
03678
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ZA 89-63
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Page 2
Variance No. 3987
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on the north side Maverick Avenue and 75 feet on the west side Siet Place, and
further described as 997 South,;Set Place;. and that the Planning Director or
his authorized..representative has .determined that the proposed project falls
within-:the-definition of Categorical- Exemptions, .Class 3, as defined in the
State 'EIR 'Guidelines and is, therefore, categorically exempt from the
requirement to prepare, an EIR.
Based on the evidence and testimony presented to me, I do hereby determine to
APPROVE Variance No. 3987,_IN PART, subject to the following conditions:
1. That subject property shall be developed substantially in accordance with
plans and specifications -submitted to .the City o£ Anaheim by the
petitioner and which plans are on file with the Planning Department marked
Exhibit No. 3; provided,"howevex, that:
(a) The location_of subject block wall shall be modified. at the southwest
corner of object property to provide`a diagonal 'cut-off' measuring
back. a minimum of five (5) feet-in each direction from the point of
intersection of the westerly neighbors' driveway. and the sidewalk
along Maverick Avenue);
(b) The 'cut-off' area shall be landscaped and permanently maintained or
shall be paved; and'
(c) The. subject block wall (on the sides visible to the westerly
neighbors' driveway, to Maverick Avenue and to'Siet Place). shall be
painted, color-coated,. stuccoed or otherwise treated to a single
color similar to and compatible with the existing house's. color.
Said. color treatment shall be permanently maintained.
2. That prior to issuance of a permit for subject block wall by the Building
Division, plans shall be submitted to the Zoning Division for review and
;approval showing the exact modifications specified in (a), (b) and (c) of
Condition No. 1, above. Specifically, the exact block wall location shall
be shown, the plant species and sizes sha1T be shown (or the exact paving
material/technique shall be shown), and the color and material, for
painting/coating the block wall shall be shown. A copy of the approved
..plan shall then be filed with~the Zoning Division,.
3. That prior to final building and zoning inspections or within a period of
ninety (90) days .from. the date herein, whichever occurs first, Condition
Nos. land 2, above-mentioned, shall be complied`with,
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.
03678 2 ZA 89-63
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Page 3
Variance No. 3987
This decision:is made, signed, and entered into the file this twenty-eighth-
day of September, 1989..
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 copy to the City Clerk.
DATED: September 28, 1989 ~~~i'Yyl-0.~~ /~+1~ ~ ~1~1/~L
Pamela H. Starnes, Executive Secretary
0367g 3 ZA 89-63