Resolution-ZA 2003-20•
DECISION NO. ZA 2003-20
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04561
OWNER: Warren Zitlau
1404 South Sherrill Street
Anaheim, CA 92804
LOCATION: 1404 South Sherrill Street
CEQA STATUS: Categorical Exemption, Class 3
HEARING DATE: June 12, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Waivers of the following to construct a new fence and house addition in the `front' yard
of an existing single-family residence with a reversed building frontage on a reversed
corner lot in the RS-7200 (Residential, Single-Family) Zone:
(a) Sections 18.04.043.100.101(a) - Maximum fence height.
18.04.043.102(d) (3-foot high fence permitted in the required 12'/2-foot `side'
18.12.060.090 setback along Chanticleer Drive;
18.26.063.020.021 4-foot high fence proposed adjacent to the street)
and 18.26.064.110
(b) Sections 18.12.060.050 - Minimum `front' yard setback.
and 18.26.063.010 (12%2-foot setback required along Chanticleer Drive;
5-foot setback proposed between the street and the
proposed house addition)
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 subject property is a 'reversed corner lot' where the rear (south) property line is the
side property line of the adjacent residential lot to the south; and if the property were developed in the
typical manner, the house would face Chanticleer Drive, but the property is developed with a 'reversed
building frontage' where the house fronts on the 'side' street (Sherrill Street); and that the existing house
with attached garage complies with all applicable Code standards fora `reversed building frontage' on a
'reversed corner lot' because the west and east setbacks (front and rear yards) comply the requirements
for an 85-foot deep lot (minimum 25% of the lot depth or 21 feet, whichever is less), and the north and
south setbacks (21 feet and 12 feet, respectively) comply with the requirements for side yards (minimum
12'/2 feet on the north and 5 feet on the south).
2. That there are special circumstances applicable to the property consisting of its location (a
reversed corner lot) and the existing house orientation (a reversed building frontage) which do not apply to
other identically zoned properties in the vicinity, and which make it difficult to comply with development
standards for a typical residential lot.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties in identical zoning classification in the vicinity; and that adjacent houses and the
ZA2003-020.doc - 1 of 2 - ZA2003-20
overall character of the surrounding single family residential neighborhood will not be adversely impacted
by the proposed setback along Chanticleer Drive and the proposed fence height.
4. That the proposed 4-foot high block wall along the north property line will not have an
adverse impact on the adjacent residential lot to the east because the wall is only 1-foot higher than
permitted by Code; and that the proposed 5-foot building setback from Chanticleer Drive will not have an
adverse impact on the adjacent residential lot because said addition will be located about 40 feet from the
shared property line.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04561, subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for
the block wall location.
2. That prior to final building and zoning inspections, 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 Nos. 1 and 2, and as conditioned
herein.
3. That prior to issuance of a building permit or within a period of one (1) year from the date of this
decision, whichever occurs first, Condition Nos. 1 and 5, herein, 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 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 approval of the
request regarding any other applicable ordinance, regulation or requirement.
5. That the appropriate permits shall be obtained from the Building Division for the proposed addition to
the house.
This decision is made, signed, and entered into the file this 19th day of June, 2003.
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 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 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: June 19, 2003 ~ ,
anielle C. Ma , W rd Processing Operator
ZA2003-020.doc - 2 of 2 - ZA2003-20