Resolution-ZA 1996-09~: , ~ •
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DECISION NO. ZA 96-09
A DECISION OF THE ZONING ADMINISTRATOR
DENYING VARIANCE NO. 4291
OWNER: H. Hoiles and M. Hardie et al
c/o Thomas Grochow
625 North Grand Avenue
Santa Ana, CA 92701
LOCATION: 1701-1771 South Lewis Street
CEQA STATUS: Categorical Exemption, Class 5
PUBLIC HEARING DATE: March 14, 1996
OPPOSITION: No one indicated their presence at the public hearing in .opposition and no
.correspondence in opposition was received.
REQUEST:. Petitioner requests waiver of the following to erect a 7 foot high security fence:
Sections 18.12.060.050 - Permitted .encroachments into required yards.
_18.12.060.090 (Maximum 36-inch high decorative screen wall permitted
18.61.063.010 in front 50-foot setback when located no closer than ten
18.61.063.011 [10j feet to the ultimate right-of wav along an arterial
and 18.61.064.020 highway designated by the General Plan;
7 foot fence j6 feet of chain link fence topped with 3-
strand barbed wire cad proposed 3 feet inside to 22 feet
from the ultimate 53-foot half-width of Lewis Street 5 to
30 feet from the existing 45-foot half-width of Lewis
Street])
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 existing front setback from Lewis Street is legally nonconforming because subject property
was developed .when the ultimate. half-width was 45 .feet but that the current General Plan
designation is for an ultimate 53 foot half width and that approving the waiver, as requested, would
result in a fence located inside the ultimate right-of-way along Lewis Street and would add to or
enlarge the existing nonconformity.. (which is specffically prohibited by Section 18.02.058
"Nonconforming Structures and Uses-General");
2. That there are no special circumstances applicable to the property such assize, shape, topography,
location or surroundings, which do not apply to other identically zoned properties in the vicinity,
because the subject property is a large, relatively flat, property located in an industrial park setting
with other similar fully developed parcels with n4 security or other fencing in the front setbacks;
3. That strict application of the Zoning Code does nit deprive the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity because only three parcels along the
one mile of arterial highway between Baii Road and Kateila Avenue have chain link fencing in the
front setback and two of those parcels are the Southern California Edison Company easement for
overhead power lines; and
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4. .That approval of this variance could establish an undesirable and unattractive precedent in the
industrial park setting along Lewis Street between Bail Road and Kateila Avenue where no chain link
fencing is similarly located in other front landscaped setbacks (with the exception of the Southern
Calffornia Edison Company easement and one other parcel); .and that the proposal consists of a
long, approximately 750-foot, security fence located in the front landscaped setback close to Lewis
Street and partially inside the ultimate right-of-way..
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed the
proposal for waiver of permitted encroachments into the required front yard to erect a 7-foot high chain link
and barbed wire security fence on two irregularly-shaped parcels consisting of approximately 8.4 acres,
having a frontage of approximately 753 feet on the west side of Lewis Street, having a maximum depth of
approximately 587 feet, being located approximately 228 feet north of the centerline of Katella Avenue and
further described as 1701-i 771 South Lewis Street; and that the Planning Director or his authorized
representative has determined that the proposed project is Categorically Exempt, Class 5, as defined by the
.State of California Environmental Quality Act Guidelines.
Based on the evidence and testimony presented to me, I do hereby determine to deny Variance No. 4291.
This. decision is made, signed, and entered into the file this 21st day of March, 1996.
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Annika M, antala t , onmg 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 wfthin saki 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: March 21, 1996 ~
nieNe Mas , W rd Processing Operator
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