Resolution-ZA 2001-15• •
DECISION NO. ZA 2001-15
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04424
OWNER:
AGENT:
LOCATION:
Larry Goebel
346 South Whitestone Drive
Anaheim, CA 92808
Wallis Smith
26501 Mirar Vista Drive
Mission Viejo, CA 92692
346 South Whitestone Drive
CEQA STATUS: CEQA CATEGORICAL EXEMPTION CLASS-3
HEARING DATE: March 22, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
Petitioner requests waiver of the following to construct a 5-foot high wrought iron and block wall fence in
the required front yard setback of a single family residence in the RS-HS-22,000(SC) (Residential,
Single-Family Hillside-Scenic Corridor Overlay) Zone:
Sections 18.04.043.100.101(a) - Maximum fence heioht.
18.12.060.090 3 feet high permitted in the minimum 25-foot front yard setback;
18.23.063.010.011 5 feet high proposed)
and 18.23.064.070
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 proposed 5-foot high fence will be located along the south portion
(approximately 60 feet) of the front property line (241 feet long); and that the fence will not interfere with
lines-of sight to any nearby driveways.
2. That there are special circumstances applicable to the property consisting of its
topography, location and surroundings, which do not apply to other identically zoned properties in the
vicinity; and that although other properties in the area have variations in topography, this particular lot
has a very steep downward slope to the rear (east) of the lot with virtually no flat pad areas to build on,
as illustrated on the photographs submitted by the petitioner.
3. That strict application of the Zoning Code would deprive this property of privileges
enjoyed by other properties under identical zoning classification in the vicinity because numerous single
family residential hillside properties in the area have been granted permits for existing fences abutting
street frontages with various heights above the 3-foot maximum fence height limitation.
4. That the character and design of this front yard fence will be complimentary to the
design of the petitioner's residence and to the surrounding single family homes.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance
No. 2001-04424, subject to the following conditions:
1. That subject fence shall include concrete pilasters with a stone veneer matching the color, texture
and materials of the main house on the property; and that said information shall be specified on
the plans submitted to the Building Division for a building.
2. That the subject fence shall be permanently maintained in good condition in compliance with City
standards.
3. That the appropriate building permit shall be obtained from the Building Division for this fence.
4. 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, and as conditioned herein.
5. 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 3, above-mentioned, 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.
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 27th day of March 2001.
in
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
forvvard a copy to the City Clerk.
DATE: March 27, 2001 % ~ ~ -~
Patricia Koral, Sr. Word Processing Operator
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