Resolution-ZA 1990-54•
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DECISION OF THE ZONING ADMINISTRATOR - ZA 90-54
PETITION: VARIANCE NO. 4071 CEQA STATUS: CATEGORICAL EXEMPTION
CLASS 3
PUBLIC HEARING DATE: July 26, 1990
OPPOSITION: No one indicated their presence at the public hearing in
opposition; and no correspondence was received.
OWNER: JOSEPH PHELAN
4319 East Elkstone Avenue, Anaheim, CA 92807
LOCATION: 4~ 19 East Elkstone Avenue
REQUEST: Petitioner requests .waiver of the following under authority of Code
Section 18.12.060.090 to construct a 6-foot high block wall:
Sections 18.04.043.102 - .Maximum-fence height.
and I8.26.068.OZI (3 .feet permitted in side and front
yards of a reversed corner lot;
6 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, I do hereby find:
1. That. the request is miminal because the proposed 6-foot fence will. not
adversely impact lines-o£-sight between any vehicle and/or pedestrian
traffic since .the fence will be located on top of a retaining wall which
ranges in height (above adjacent public sidewalk) from about 5 feet at
the .rear (adjacent to the northerly neighbor) to grade level .near the
front property line at Elkstone Avenue (south),. and that the .closest
driveway is about 30 feet away from the proposed fence; and
2. That there is a special circumstance applicable to subject property
consisting of its topography relative to the adjacent public street
(Barryknoll Street) which has a .downhill slope in a south-to-north
direction and along which the fence is proposed to be constructed, which
circumstance does not apply to other identically zoned properties in the
vicinity.
CALIFORNIA .ENVIRONMENTAL QUALITY. ACT FINDING: That the Zoning Administrator
has reviewed the proposal for waiver of maximum fence height to construct a
6-foot high block wall. fence along. Barryknoll Street on an irregularly-shaped
parcel of land consisting of approximately 0.18 acre located at the northeast
corner of Elkstone Avenue and Barryknoll Street, .having. frontages of
approximately 42 feet on the north side of Elkstone` Avenue and 73 feet on 'the
east side of Barryknoll Street, and further described as 4319 East Elkstone.
Avenue; 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 ETR Guidelines and
is, therefore, categorically exempt from the requirement to prepare an EIR.
0542g 1 ZA 90-54
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Page 2
Variance No. 4071
Based on the evidence and testimony presented to me, I do hereby determine to
approve Variance No. 4071, subject to the following conditions:
1. 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. Land 2.
2. That prior to final building. and zoning inspections, Condition No. 1,
above-mentioned, shall be complied with.
3. 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 second day of
August, 1990..
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 days of the- date of the signing of this decision or unless
members of bhe 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: August 2, 1990 ~~ ~~~~~ C=d
Pamela H. Starnes, Executive Secretary
0542q 2 ZA 90-54