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Resolution-ZA 2001-47• f DECISION NO. ZA 2001-47 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE NO. 2001-04467 OWNER: Raymond D. DeBraal and Joanna L. Law 653 S. Stony Place Anaheim, Ca 92804 LOCATION: 653 South Stony Place CEQA STATUS: Categorically Exempt, Class 3 HEARING DATE: November 29, 2001 OPPOSITION: That although written opposition to this proposal was originally received, the opposition was withdrawn after the specific location of the proposed block wall had been viewed, as testified to at the public hearing. REQUEST: Petitioner requests waiver of the following to construct a new 6-foot high block wall within the required front yard setback of a single family residence on a reversed corner lot with a reversed building frontage in the RS-7200 (Residential, Single Family) Zone: Section 18.04.043.100.101(x) - Maximum fence height. 18.12.060.090 (3 feet high permitted within the required front yard setback; and 18.26.064.110 6 feet high 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 waiver is hereby approved on the basis that there are special circumstances applicable to the property consisting of its shape, location and surroundings, which do not apply to any other identically zoned properties in the vicinity, because the dwelling is located on a reversed corner lot with a reversed building frontage (i.e., the dwelling faces the widest frontage instead of the narrowest frontage, which would be typical for single family lots). 2. That although no other fence height waivers have been granted within this RS-7200 zoned neighborhood, the Code deprives this property of privileges enjoyed by other properties under identical zoning classification in the vicinity due to the irregular shape of the property and the reversed configuration of the building frontage. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2001-04467, subject to the following conditions: That plans shall be submitted to the City Traffic and Transportation Manager for review and approval to verify conformance with Engineering Standard No. 137 pertaining to sight distance visibility for wall/fence locations. That the proposed fence shall not encroach into the public right-of-way. 3. That the required front yard setback shall be maintained in an orderly fashion through the provision of regular landscaping maintenance and the removal of stored vehicles, trailers and automotive parts. V2001-04467.doc - 1 of 2 - ZA 2001-47 ~ f 4. That subject property 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, and as conditioned herein. 5. That the appropriate permit for the block wall shall be obtained from the Building Division. That within a period of six (6) months from the date of this decision, the above-mentioned conditions 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. 7. 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." This decision is made, signed, and entered into the file this 6`h day of December, 2001. ~~2 ~t C~ ~r ~-~ ~~- ~ "~~ Annika M. Santalahti, Zonin 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: December 6, 2001 ` / ~ctiV ~~ e. ~ ~ ~ Patricia Koral, Senior Word Processor V2001-04467.doc - 2 of 2 - ZA 2001-47