Resolution-ZA 2002-171 _.
DECISION NO. ZA 2002-17
A DECtStON OF TtiE ZONING.ADMINISTRATOR
APPROVING VARIANCE NO.2002-04502
- OWNER: Maria G. Delgadillo
626 North Rose Street
Anaheim, CA 92805
AGENT: Lonna Garcia..
521 North East Street
Anaheim, CA 92805.
LOCATION: f26 North Rose Street
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING DATE : May 30, 2002, continued from the meeting of May 16, 2002
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and
no correspondence in opposition was received.
REQUEST: Petitioner requests waivers of the following to pemtit and retain existing unpermitted block
wall pilasters and to instal! new wrought iron panels in between the pilasters, in the required
front yard setback of asingle-family residence in the RS=7200 Zone:
Sections 18.04.043.100.101(a) - Maximum fence height.
18.12.060.090 ~ 3 feet hi permitted in front 24-foot setback along Rose Street;
18.26.063.010 5 feet high proposed)
and 18.26.064.070
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, l do hereby end:
1. That the waiver is hereby approved on the basis that strict application of the Zoning Code would
deprive the property of privileges enjoyed by other properties under identical zoning classification in the
vicinity because there are many fences in the front setbacks in this neighborhood, including in this block
on both sides of Rose Street; and that the proposal is similar to other fences that were constructed in
similar locations and consist of block wall pilasters with wrought iron panels.
2. That there is a special circumstance applicable to this property consisting of its Location at the
southeast corner of Wiihelmina Street and Rose Street; that thereis a relatively significant amount of
traffic in the area because East Street is.located one block to the east and Sycamore Street is Located one
block to the south, and both are designated arterial highways (East Street is a Secondary Arterial Highway
and Sycamore Street is a Commuter Arterial Highway) and that, therefore, the petitioner wishes to enclose
and protect the front yard.
3. That during the public hearing itwas determinedthat the existing pilasters are located within the
public right-of-way along Rose Street (the idewalk is ad}'acent to the curb and there is a "parkway"
between the sidewalk and the front property line); and that the petitioner will have to either obtain-an
Encroachment License from the Public Works Department to retain the pilasters in their existing location
or, alternatively, relocate the pilasters out of the publicright-of-way.
V2002=04502.doc
-1of2-
ZA 2002-17
,,.,
1
i
f Based on the evidedce.and testimony presented to me, f do hereby determine to approve Variance No.
2002-04502, subject to the following conditions:
1. That the appropriate permit shall be obtained from, the Building Division for the existing block wall
piasters with proposed wrought iron panels.
2. That the property owner shalt either
(a) Relocate the existing block wall pilasters six and one=half (6.5) feet to the east, out of the public
right-of-way along Rose Street, or
` (b) Obtain an Encroachment License from the Public Works Department to retain the existing
_ pilasters and permit the proposed wrought iron panels at the existing location within the public
right-of-way along ftase.Street
3. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the.petitionei and which plans are on file with the Planning
Department marked Exhibit. Nos. 1, 2 and 3, and as conditioned herein.
4. That within a period of one (1) year from the date of this decision, Condition Nos. 1, 2 and 3, above-
mentioned shaii be complied with. Extensions for further time to complete said conditions may be
granted in accordance with Section 18.43.090 of the Anaheim Municipal Code.
5. 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 approva! of the
request regarding any other applicable ordinance, regulation or requirement.
This decision is made, signed, and entered into the file this 6~' day of June, 2002.
Annika M. Santa ahti, Zoni g Administrator
NOTICE: This decision shall become final unless an appeal to the City Council, in writing, accompanied
by an appeal fee, is flied with the City Clerk within 15 days of the date of the signing of this decision or
unless members of the City Council shalt request to review this decision within said 15 days.
Di=CLARATION 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.
y~
DATE: June 6, 2002 r~ ~ ~-- ~ ~
Patricia Koral, Sr. W rd Processing Operator
V2002-04502.doc ~ - 2 ofi 2 - ZA 2002-'t 7