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Resolution-ZA 1988-55• • .DECISION OF THE ZONING ADMINISTRATOR - ZA88-55 PETITION: VARIANCE N0. 3845 CEQA STATUS: NEGATIVE DECLARATION DATE OF PUBLIC HEARING: September 22, 1488 OPPOSITION: No one indicated their presence at the public hearing in opposition, and no correspondence in opposition was received. SUPPORT: A petition containing signatures representing 9 residences along Westgate Drive was received in support of the proposal. OWNERS: JOHN GRAUTEN AND MARILYN GRAUTEN, 522 South Westgate Drive, Anaheim, CA 92806 RODOLFO ORINA RAMIRE2 AND JULIET MACARAEG RAMIREZ, 516 South Westgate Drive, Anaheim, CA 92806 LOCATION: 516 and 522 South Westgate Drive REQUEST: Petitioner requests the. following waivers under authority of Code Sections 18.12.060.050 and 18.12.060.090 to construct a 9-foot high lattice trellis fence: (A) SECTIONS 18.04.043.102 - Maximum fence height. and 18.26.068.021 (6 feet permitted in required rear yards; feet proposed) (B) SECTIONS 18.04.043.102 - Minimum rear yard setback.. 18.26.063.030 (10 feet required for fence and 18.26.064.110 exceeding 6 feet in height; 6 inches proposed) 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 proposal will protect the privacy of the rear yards of subject single family lots, which yards are otherwise visible from the adjacent apartment buildings and from the elevated entrance driveway to said apartment complex. 2. That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and 3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity. 0123g 1 ZA88-55 .; • • Page 2 Variance No. 3845 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Zoning Administrator has reviewed the proposal for waivers of maximum fence height and minimum rear yard setback to construct a 9-foot high lattice trellis fence on a rectangularly-shaped .parcel of land consisting of approximately 0.35 acre, having a frontage of approximately 140 feet ,on the east side of Westgate Drive, having a maximum depth of approximately 110 feet, being located approximately 1,020 feet north of the centerline of South Street and further described as -516 and 522 South Westgate Drive; and does hereby approve the Negative Declaration upon finding that she has considered the Negative Declaration together- with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Based on the. evidence and testimony presented to me, I do hereby determine to approve. Variance No. 3845, subject to the following conditions: 1. That subject property shall be developed substantially in accordance with plans and specifications on file with the City of Anaheim marked Exhibit No. l; provided, however, that: {a) The fence design may be either wood lattice as shown on Exhibit No. 1 or, alternatively, solid. wood boards as shown on the photographs labeled Exhibit No. 2 and dated 9-23-88; and/or (b) The approved fence may be either a free-standing. nine (9) foot high structure located about six (6) inches from the existing block wall (as shown on Exhibit 1) or a modification to the existing 6-foot high block wall with four (4) foot high wood fencing attached to the top of said block wall [as discussed in Item 1(a) above). 2. That if the wood lattice/boards are to be attached to the top of the existing block wall [as discussed in Item 1{b) above], the petitioner shall,. prior to issuance of a permit, submit to the Planning Department written proof that the owner of said. block wall agrees to the modification. 3. That appropriate permits shall be obtained from the Building Division. 4. That Condition Nos. 1, 2 and 3, above-mentioned, shall be complied with within a period of ninety (90) days from the date of this decision. 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 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. 2 ZA88-55 • Page 3 Variance No. 3845 • This decision is made, signed, and entered into the file this twenty-ninth day of September, 19 8. 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, I did deposit, in the United States Mail, a copy of the decision to the applicant and. did forward a'c/opy to the City Clerk. DATED: September 29, 1988 ~1~~72G~l~/ ~, ~ ;~1~~/121~ Pamela H. Starnes, E$ecutive Secretary 3 ZA88-55