Resolution-ZA 2001-37
DECISION NO. ZA 2001-37
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2001-04457, IN PART
OWNER: Joan D. Wada
7946 E. Bauer Road
Anaheim, CA 92808
LOCATION: 7946 East Bauer Road
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING DATE: September 20, 2001
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal; and
one letter in opposition was received.
REQUEST: Petitioner requests the following waiver to construct a 6-foot high wood fence within the
required side yard setback of asingle-family residence on a reversed corner lot in the RS-
5000 (SC) (Residential, Single Family-Scenic Corridor Overlay) Zone:
Sections 18.04.043.100.101 - Maximum fence height.
18.04.043.100.102(4) (3 feet permitted in the 10-foot setback along the
18.12.060.090 west property line [Bauer Road]);
18.27.063.010 6 feet proposed adjacent to west property line)
and 18.27.064.100
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 this variance is hereby approved, in part, to permit a 6-foot high fence a minimum of 2.5 feet
from the west property line and a minimum of 5 feet from the public sidewalk parallel to the west property line.
2. That this variance is approved on the basis that 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 is a reversed corner lot; and that the approved fence will not impact visibility to the
driveway on the adjacent property to the north because the driveway is located about 25 feet north of the
shared property line and said adjacent property is at a higher grade than subject property.
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in identical zoning classification in the vicinity.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2001-
04457, in part, subject to the following conditions:
That, as required by the City of Anaheim, the petitioner shall obtain the appropriate permit(s) and/or
Encroachment License from the Public Utilities Department and from the Real Property Section of the
Public Works Department (to be approved by the City Engineer) to permit construction of the approved
fence within the eight (8) foot wide public utility easement along the west property line. Documentation
of said approval(s) shall be submitted to the Zoning Division.
That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with the Engineering Standard No. 137 pertaining to sight distance visibility for the
approved fence location.
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3. That any specimen tree removal shall be subject to the tree preservation regulations in Chapter 18.84 of
the Anaheim Municipal Code pertaining to the "SC" Scenic Corridor Overlay Zone.
4. That subject fencing shall not encroach into the public right-of-way.
5. 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 No. 1; provided, however, that:
(a) The approved fence shall be located a minimum of two and one-half (2.5) feet from the west
property line and a minimum of five (5) feet from the public sidewalk along Bauer Road (parallel to
the west property line);
(b) The design and color of the approved wood fence shall be compatible with the existing house, and
the approved fence shall merge with the existing block wall along the north property line in a
compatible manner; and
(c) The area between the approved fence and the public sidewalk shall be landscaped and maintained
with ground cover and shrubs.
6. That within a period of one (1) year from the date of this decision or prior to issuance of a building permit
for the approved fence, whichever occurs first, Condition Nos. 1, 2 and 8, herein-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.
That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal 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.
That plan(s) shall be submitted to the Planning Department for review and approval showing compliance
with Condition No. 5(a), (b) and (c), above. Said plan shall specify the information required by Condition
No. 5, including the specific plants, the number of plants and the size. The plan shall also show the
eight (8) foot wide public utility easement parallel to the west property line.
9. That a permit shall be obtained from the Building Division for the approved fence.
This decision is made, signed, and entered into the file this 27~' day of September 2001.
I
-2'h
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 forward a
copy to the City Clerk.
DATE: September 27, 2001 I C~'~ + c~ ~D ~2~
Patricia Koral, Senior Word Processing Operat
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