Resolution-ZA 1993-41~ ~ `'.'
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DECISION NO. ZA 93-41
A DECISION OF THE ZONING ADMINISTRATOR
DENYING VARIANCE NO. 4226
OWNERS: GARY and THERESA SAMPLES
1719 West Cris Avenue, Anaheim, Ca 92804
AGENT: FRED BRETZ
1719 West Cris Avenue, Anaheim, Ca 92804
LOCATION: 1719 West Cris Avenue
CEQA STATUS: Categorical Exemption, Class 3
DATES OF PUBLIC HEARING: July 8, 1993, continued from the June 10, 1993 Zoning
Administrator meeting.
OPPOSITION: Three letters in opposition to the proposal were received, one letter in support was
received, and no one indicated their presence at the public hearing in opposition.
REQUEST: Petitioner requests waiver of the following under authority of Code Section
18.12.060.090 to retain a 7-foot high block wall:
Sections 18.04.043.102 - Fences. walls and hedges in rear and
and 18.26.064.110 side yards.
(Maximum 6-foot high block wall permitted along
west property line;
7-foot high block wall existing)
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 heazing having been duly
noticed for and held on the date set forth above, I do hereby find:
That, based on petitioner's testimony given during the public hearing that subject block wall is
not located on petitioner's property, and no authorization for the variance application having
been submitted from the adjoining property owner where the wall is allegedly located, the
petition application does not comply with the requirement of Subsection .030 of Section
18.03.050 pertaining to "Petitioner -Authorization," which subsection requires that petitions
shall be "...initiated either by the verified application of one of more of the recorded owners of
the subject property... or the authorized agent for said owners... ";
2. That there are no 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 because subject property is a rectangulaz lot of the same size and shape as other
nearby RS-7200 "Residential, Single Family" zoned lots in the neighborhood;
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3. That strict application of the Zoning Code does not deprive the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because no evidence was
submitted to show that other residential lots in the neighborhood have 7-foot high block walls;
4. That, based on testimony given during the public hearing, concrete blocks were added to the top
of an existing 6-foot high block wall; however, no evidence was submitted showing that the
resulting block wall is structurally sound or can be made structurally sound, and that a building
permit can be obtained; and
5. That written opposition to subject block wall was received from the adjacent neighbor to the west
at 1723 West Cris Avenue, and testimony was received indicating that subject block wall is
located at that address and/or belongs to the owner of that adjacent lot.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has
reviewed the proposal for waiver of maximum fence height to retain a 7-foot high block wall on a
rectangularly-shaped parcel of land consisting of approximately 0.16 acre, having a frontage of
approximately 72 feet on the north side of Cris Avenue, having a maximum depth of approxunately 100
feet, being located approximately 275 feet west of the centerline of Euclid Street and further described as
1719 West Cris 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 of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt
from the requirement to prepare an EIR.
Based on the evidence and testimony preserned to me, I do hereby determine to deny Variance No. 4226.
This decision is made, signed, and entered into the file this twelfth day of July, 1993.
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 1 da s 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.
DATE: July 12, 1993 ,qF.
amela H. Starnes
Administrative Assistant
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