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Resolution-ZA 2002-15• • DECISION NO. ZA 2002-15 A DECISION OF. THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2002-04493 OWNERS: Raul Pineda and Emilia Cano 512 South.Revere Street . Anaheim, CA 92805 LOCATION:: .512 South Revere Street CEQA STATUS:. CEQA Categorical Exemption, Class 3 HEARING DATE: May 16, 2002, continued from the meeting of May 2, 2002. SUPPORT: _ . The applicant submitted a petition at the public hearing containing 60 signatures in supportofthe proposal. OPPOSITION: Two people spoke at the May 2, 2002 public hearing with concerns; that no one indicated their presence at the May 16, 2002 hearing in opposition; and that no correspondence: in opposition was received. REQUEST: Petitioner requests waiver of the fopowing to permit and retain an existing u.n-permitted . block wall with wrought iron panels within the required front yard setback of a. single- family residence in the RS-7200 Zone: Sections 18.04.043.100.101(al - Maximum fence height. 18.12.060.090 (3 feet high permitted in the 25-foot front setback; 18.26.063.010 6 feet-4 inches high proposed) and 18.26.064.110 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 waiver is hereby approved on the basis that there is a special circumstance applicable to this residential area because of its location close to State College Boulevard; and that traffic and other undesirable. activities generated along State College Boulevard overflow to this residential neighborhood . and impact its liveability, as reflected in the petitioner's investigation and. research and documented in his January 18, 20021ettersubmitted to the Zoning Administrator. 2. That the design and scale of this decorative fence, which consists of a 30-inch high block wall with 4-foot, 7-inch high block pilasters and wrought iron panels and having an overall maximum height of 6 feet, 4 inches, is compatible with the surrounding neighborhood. 3. That strict application of the Code.deprives this property of privileges enjoyed by other properties under identical zoning classification in the vicinity. 4. That approval of this fence includes painting or color-stuccaeing the sides of the block walls facing the adjacent residential lots to the north and south and which are visible to Revere Street, to match or otherwise be compatible with subject fence and with any block walls on the adjacent Tots, subject to approval by the.adjacent neighbors; and that a copy of this Decision wiltbe mailed to the adjacent neighbors to the north (the.concerned persons who spoke at the May 2, 2002, meeting) and to the south. v2002.04493.doc -1 of2- ZA 2002-15 Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2002-04493, subject to the following conditions: 1. That the appropriate permits shall be obtained from the City of Anaheim for (i} the existing block wall with wrought iron panels in the front yard and (ii) the existing block watt along the north property line where blocks were added to`raise the wall height, as required by Building Division. 2. 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 fife with the Planning Department marked.ExhibiYNo.1-(site plan) and Exhibit Nos. 2 and 3 (four photographs of the property), and as conditioned herein. . 3. That within a period of six (6} months from the date of this decision, Condition Nos. 1, 2 and 5, herein mentioned, shall ~be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section.18:03.090 of the Anaheim Municipal Code. 4. , That approva{ of this app{ication 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. 5. That the front twenty five (25) feet or more of the block wail facing the adjacent lots to the north and south, which block walls can be seen from Revere Street, shall be finished (color stuccoed or painted) to match, or otherwise to be compatible with, the color of the existing block wall with wrought iron panels at 512 South Revere Street; and that the proposed stucco or paint color shall be approved by the adjacent property owners at 506 South Revere Street and 516 South. Revere Street; and that the applicant shall submit a letter to the Zoning Division (i) specifying the color of the stucco or paint and (ii} indicating that theneighbors~were contacted and gave their approval; provided, however: (a) If either adjacent property owner wants their side of the block wall (facing their yard) to be color stuccoed or painted a different neutral color (which does not match the existing block wall color in the front yard at 512 South Revere Street), such color shall be'subject to Zoning Division staff review and approval to verify compatibility with the existing block wall and with any existing block wall and/or dwelling on such adjacent tot; and/or (b) if either adjacent property. owner wants their side of the block,wall to remain as-is (that is, not to be color stuccoed or painted) or refuses to allow the applicant to refinish their side of the block wall, the applicant shall provide. a letter to the Zoning Division so-indicating. In that case Zoning Division staff may contacYthat property owner to verify their`decision. This decision is made, signed, and entered into the file this 23nd day of May, 2002. ~~ . Annika M. Santalahti, Zoning Administrator NOTICE: This decision shall become final unless an appeal to the Gity Council, in wri#ing, 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 Ciry 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, t did deposit, in the United States Maii, a copy of the decision to the applicant and did forward a copy to the City Clerk. n _+ •- ) , ~,,~ DATE: May 23, 2002 P,~ Tn~G l~h- t~ D ' '`.' ~ ~L~-, PatriciaKoral, Sr. Word Processing Opetatot - 2 of 2 - ZA 2002-15