Resolution-ZA 1999-43// ~::
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DECISION NO. ZA 99-43
A DECISION OF THE. ZONING ADMINISTRATOR
APPROVING VARIANCE N0.4378
OWNER: Ly K. Le-Phan
250 South Peralta Way
Anaheim, CA 92807
AGENT: James Ramo
6737 Dos Rios Road
.Downey, CA 90240
LOCATION: 250 South Peralta Wav
HEARING DATE: November 18, 1999
OPPOSITION: No one indicated their present at the public hearing in opposition to the proposal and no
correspondence in opposition was received.
REQUEST:.. Waiver of the following to permit the construction of a 6-foot high wrought iroNblock wall
fence within the required front yard ofasingle-family residence.
Sections 18.04.043.100.101(a) - Permitted encroachment into required varcis.
18.12.060.090 (3-foot high fence permitted in the front yard;
and 18.22.064.070 6-foot high combination wrought iron and block
wall fence 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 proposal consists of an approximately 2-foot high slumpstone base with wrought iron on top
and slumpstone pilasters; that there are special circumstances applicable to this property pertaining
to its topography with a rising grade elevation site along the Peralta Way street frontage.
2. That strict application of the Zoning Code deprives this property of privileges enjoyed by other
properties under identical zoning classification in the surrounding neighborhood because some
properties currently have 6-foot high wrought-iron fences and combination wrought-iron/block wall
fences similarly located within the front yard areas adjacent to the street.'
Based on'the evidence and testimony presented to me, I do hereby determine to approve Variance 4378,
subject to the following .conditions:
1. That prior to issuance of a permit by the Building Division for this fence, the applicant shall
complete one of the. following:
(a) Provide evidence satisfactory to the Public Works Department showing that none of the
existing pilasters (i.e., containing the mailbox) are within the public right-of--way along Peralta
Way; or
(b) Obtain the appropriate encroachment permit from the Public Works Department for any
pilaster hat encroaches into the public right-of-way; or
{c) Relocate any encroaching pilaster out of the public right-of-way.
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2. That within a period of one (1) year from the date of this decision or prior to final building and zoning
inspections, whichever occurs first, 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 No. 1, and as conditioned herein. Extensions for
further time to complete this condition may be granted in accordance with Section 18.03.090 of the
Anaheim Municipal Code.
3. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Muniapal 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 2/4th day of November, 1999.
C/n
Annika M/.Santa ahti, 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 the City Council shall request to review this decision within said 15 days.
DECLARATION OF SERVICE BY MAIL: I do hereby deGare under penalty of perjury that on the date set
forth below, I did deposit, in the United State Mail, a copy of the decision to the applicant and did forward
a copy to the City Clerk. -
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DATED: November 24, 1999
Patricia Koral,
Senior Word Proce ing Operator
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