Resolution-ZA 2006-12i •
DECISION NO. ZA2006-12
A DECISION OF THE ANAHEIM ZONING ADMINISTRATOR
THAT PETITION FOR VARIANCE NO. 2006-04683 BE DENIED
(1569 WEST FLIPPEN CIRCLE)
WHEREAS, the Anaheim Zoning Administrator did receive a verified Petition for Variance for
certain real property situated in the City of Anaheim, County of Orange, State of California described as:
LOT 26 OF TRACT 2725.
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center in the City
of Anaheim on June 22, 2006 at 9:30 a.m., notice of said public hearing having been duly given as required
by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures",
to hear and consider evidence for and against said proposed variance and to investigate and make findings
and recommendations in connection therewith; and that the item was continued from the April 27, May 11,
and May 25, 2006 meetings at the request of the Zoning Administrator; and
WHEREAS, said Zoning Administrator, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the petitioner proposes a waiver of the following to permit and retain an existing fence
with concrete pilasters and a wrought iron gate and panels within the required front yard setback of an existing
single family residence:
SECTION NO. 18.46.110.030 Maximum fence height (3 feet high permitted within
the required front yard setback; 7 feet, 9 inches
existing and proposed).
2. That the above-mentioned request is hereby denied as there are no special circumstances
applicable to the property pertaining to the size, shape, location or surroundings which do not apply to other
identically-zoned properties in the vicinity to justify the fence height waiver request.
3. That the requested front yard fencing would not be in character with the surrounding
neighborhood since no other similar fences exist on other identically-zoned properties in the vicinity.
4. That a petition was signed and submitted by five (5) neighbors who indicated opposition to
the fence height waiver because they feel that it is not in character with the rest of the neighborhood.
Moreover, a nearby resident attended the April 27, 2006 meeting and also voiced opposition regarding the
fence height waiver request.
5. That this variance request is the result of a Community Preservation violation notice.
6. That nobody indicated their presence at the June 22, 2006 public hearing in opposition.
7. That Planning Department staff contacted the property owner and mailed courtesy notices to
the owner and all neighbors within a three hundred foot radius of the subject property; however, the applicant
did not indicate their presence at the June 22, 2006 public hearing.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
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•
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice.
THE FOREGOING RESOLUTION was adopted at the Zoning Administrator meeting of June
22, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
DATE A I O NG ADMINISTRATOR
ATT
S NIOR ECR ARY, ANAHEIM ZONING ADMINISTRATOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Pat Chandler, Senior Secretary of the Anaheim Zoning Administrator, do hereby certify that the
foregoing resolution was passed and adopted at a meeting of the Anaheim Zoning Administrator held on June
22, 2006.
IN WITNESS WHEREOF, I have hereunto set my hand this ~ day of
2006.
SR. S CRETARY, ANAHEIM ZONING ADMINISTRATOR
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