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Resolution-ZA 2001-11I J DECISION NO. ZA 2001-11 ~~ A DECISION OF THE ZONING ADMINISTRATOR GRANTING ADMINISTRATIVE ADJUSTMENT NO. 2000-00205 REQUESTED BY: Domingo and Maria Carpio 540 South Wayside Street Anaheim, CA 92805 LOCATION: 540 South Wavside Street CEQA STATUS: Categorically Exempt, Class 3 PUBLIC HEARING DATE: February 22, 2001 REQUEST: Waiver of the following to permit a 5 foot high combination wrought iron and block wall fence in the required front yard setback of asingle-family residence in the RS-7200 (Residential, Single-Family) Zone: Sections 18.04.043.100.101(a) - Maximum fence height. 18.12.080.015 3 feet permitted in 25-foot front yard; 18.26.063.010 5 feet proposed) and 18.26.064.110 DETERMINATION OF THE ZONING_ADMINISTRATOR Having been appointed Zoning Administrator by the Planning Director to decide the above-referenced Administrative Adjustment, and a public hearing having been duly noticed for and held on the date set forth above pursuant to Anaheim Municipal Code Section 18.12.080, I do hereby find: 1. That when this administrative adjustment was originally advertised, written opposition was received and, therefore, the petition was scheduled for public hearing at the applicant's request. 2. That the existing subject fence is 5-foot high overall and consists of 2-foot high stuccoed masonry block with 4-foot high pilasters (spaced about 7 feet apart) with 5-foot high decorative wrought iron between the pilasters. 3. That the request is hereby granted in accordance with Subsection 18.12.080.015 of the Anaheim Municipal Code which permits waiver of maximum fence heights in connection with administrative adjustments; that the pilasters are only 1-foot higher than permitted by Code with the decorative wrought iron being from 4 to 5 feet high; and that the driveway is not enclosed by this fencing. 4. That strict application of the Zoning Code would deprive this property of privileges enjoyed by other properties in the identical zoning Gassification in the vicinity because there are a number of similar existing stuccoed masonry block (or brick) fences, some with decorative wrought iron, exceeding 3 feet in height along Wayside Street, as illustrated by the photographs on file with the Planning Department. 5. That no one indicated their presence at the public hearing in opposition to this proposal. Based on the evidence presented to me, I do hereby determine to grant Administrative Adjustment No. 2000-00205, subject to the following conditions: Adj2000-00205a.doc - 1 of 2 - ZA 2001-11 • 1. That within a period of two (2) months from the date of this decision, the petitioner shall obtain the appropriate permits from the Building Division. Extensions for further time to complete this condition may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 2. That 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. 3. 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 28th day of February 2001. n., 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 State Mail, a copy of the decision to the applicant and did forward a copy to the City Clerk. L,, .~ ~7 / ' DATED: February 28, 2001 Patricia oral, Senior Processing Operator Adj2000-00205a.doc - 2 of 2 - ZA 2001-11