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Resolution-ZA 2004-20• • DECISION NO. ZA 2004-20 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2004-04614 OWNER: Mary R.-Saint and Rev. Cornell Auramescu _ 555 South Walnut Street Anaheim, CA 92802 LOCATION: 555 South Walnut Street CEQA STATUS: CEQA Categorical Exemption -Class 1 HEARING DATE: July 22, 2004 OPPOSITION: No one indicated their presence at the public hearing in opposition and no correspondence in opposition was received. REQUEST: Petitioner requests waivers.of_the following to construct a new entry archway (portal), to permit and retain an exisfirg metal trellis structure, and to permit and retain an existing 6-foot wrought iron fence and gate within the required front setback of an existing church in the I "Industrial".(former ML "Limited Industrial") zone: (a) 18.04.042.020 - Minimum structural setback and maximum structural height. 18.12.060.050 (minimum 15-foot setback required between RS-2 [former RM-7200] .18.61.062.011 ht "Single-Family Residential" zoning, 4-foot setback proposed between and 18.61:063.011 the south property line and the existing metal trellis structure and the proposed archway; and maximum 2-foot high structure permitted when located 4 feet from adjacent residential zoning, existing metal trellis structure proposed to be retained and 23-foot. 9-inch high archway proposed) (b) Section 18.12.060.090 - Maximum fence height. 18.61.063.011 (fences less than 3 feet high permitted when located 10 feet from and 18.61.064.020 a secondary arterial highway; 6-foot high wrought iron fence existing and proposed within the public-right-of way along Walnut Street) Having been appointed Zoning Administrator by; the Planning Director, pursuant to Anaheim Municipal Code Section 18.12.040 (Authority and Duties); to decide the above-referenced petition and a public hearing having been duly noticed for and field on the date set forth above, I do hereby find: 1. That during the public hearing, it was determined that Walnut Street has been dedicated to its ultimate width (45-foot half width) and; therefore; the existing 6-foot high fence is located 15 feet inside the Walnut Street right-of-way; that in order for the fence to remain at its present location an Encroachment License will have to be obtained from the City of Anaheim; and if an Encroachment Permit cannot be approved, the fence will have to be relocated 15 feet west of its present location to the actual property line along Walnut Street. 2. That waiver (a), minimum structural setback and maximum structural height, are hereby approved because there are special circumstances applicable to the property consisting of its location and surroundings, which do not apply to other identically zoned properties in the vicinity, because this industrially-zone property is developed with anon-industrial use (a church) which adjoins single-family residential zoning to the south; that the existing trellis and proposed portal (archway) are compatible with the adjoining residential zoning; and that the adjoining residential neighbor did not indicate any opposition to the "proposal Za200420.doc - 1 of 3 - ZA 2004-20 ;.: ",: -~ • • 3. That waiver (b}, maximum fence height, is hereby approved to permit a 6-foot high fence located at the actual property line along Walnut Street; that unless an Encroachment License is approved by the City, the existing fence will have to be relocated 15 feet to the west due to its present location within the street right-of-way; and that if the fence is relocated, there will be approximately 15 feet of landscaping between the fence and Walnut Street. 4. That strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties in identical zoning classification in the vicinity because the adjacent industrial property to .the north and west is developed with a public school, which is not an industrial use. 5. That this Variance No. 2004-04614 was submitted to the Planning Department and was deemed complete on June 15, 2004 prior to the effective date (i.e., 30 days after adoption) of Ordinance No. 5920 which was adopted by the City Council on June 8, 2004 to amend Title 18 "Zoning" of the Anaheim Municipal Code in its entirety; and that submittal and approval of this variance complies with paragraph (d) of Section 5 of said ordinance which specifies that nothing contained in Ordinance No. 5920 shall apply to any project that has submitted any zoning entitlement (including Conditional Use Permits) to the Planning Department and which submittal is deemed complete by staff as of 5 p.m. on the day before the effective date of the ordinance. Said_project shall be permitted provided that the proposal is approved or conditionally approved by the Zoning Administrator; and that such project shall have commenced within the time limitation specified in the Decision..approved by the Zoning Administrator, unless said time period is duly extended by the approval authority, "and if a building permit is required, construction shall have commenced and shall be completed within a periotl of three hundred sixty five (365 days from the date the building permit is issued, unless. said time period is duly extended by the Building Ofi'icial. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-04614, subject to the following conditions: 1. (a) That the appropriate building permits, as required by the Building Division, shall be obtained. for the existing wrought iron trellis structure and the proposed portal (archway) structure. (b) That an Encroachment License shall be obtained from the Public Works Department to retain the existing six (6) foot high wrought iron fence at its present location approximately fifteen (15) feet inside the right-of-way along Walnut Street; or, if an Encroachment License cannot be obtained, the six (6} foot high wrought iron fence shall be relocated approximately fifteen (15) to ..the west so that it is located along the actual property line along Walnut Street. 2. That the existing portable tent structure and. storage shed shall be relocated at least fifteen (15) feet north from their present location abutting the outh property line adjacent to residential zoning unless the residential property owner to the south; agrees; in writing, to said structures being retained at their present location. Any such letter or ofherwVritten agreement shall be submitted to the Zoning Division. 3. That if trash trucks have to enter the subject property for trash collection purposes, approval for height clearance under the. portal (archway) and the trellis structure shall be obtained from the Streets and Sanitation Division of the Public Works Department. 4. That the 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, as conditioned herein. 5. That within two (2) years from the date of this Decision, Condition Nos. 1(a), 1(b), 2, 3, and 4, above- mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18:03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances' and Administrative Adjustments) of the Anaheim Municipal Code. Za2004-20.doc - 2 of 3 - ZA 2004-20 r • 6. 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* This decision is made, signed, and entered into the file this 29t" day of July, 2004. -LY v v V t,v~ t,ey-~ I/ (/ ~ ' "~ 1 ~.~t~V' /~-(1~' (~t- 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 davs 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, 1 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:... Jufy 29, 2004 Z'~iw'~~~'w ~- ~ y ~~(.~G~ Danielle C. Masciel, Word Processing Operator Za2004-20.doc - 3 of 3 - ZA 2004-20