Resolution-ZA 2003-43•
DECISION NO. ZA 2003-43
C
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04581, IN PART
OWNER: Alice Chen
1507 East Willow Street
Anaheim, CA 92805
LOCATION: 1507 East Willow Street
HEARING DATE: November 13, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition and no
correspondence was received in opposition.
REQUEST: Waiver of the following to construct a 5-foot high wrought iron fence and gate within 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.
18.12.060.090 (3 feet high permitted in required 25-foot front yard;
18.26.063.010 5 feet high proposed at front property line;
and 18.26.064.110 5 feet high approved at 10-foot setback)
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 approved, in part, to permit a 5-foot high fence set back 10 feet from
the front property line on the basis that there are special circumstances applicable to the property
consisting of its size and dimensions because this 6,000 sq.ft. lot is located in the RS-7200 Zone where
the minimum lot size is 7,200 sq.ft.; and that the back yard is only 15 feet deep (instead of 25 feet) so the
useable private outdoor space is smaller than typical in the RS-7200 Zone and providing a 15-foot deep
private area in the front yard will not adversely impact adjoining properties.
2. That this fence, as approved, will have minimal impact on the surrounding area; that
landscaping will be planted in the 10-foot setback between the 5-foot high fence and the sidewalk to
soften the view of the fence; and that adequate on-site parking will be available on the driveway because
the garage is set back more than 35 feet from the front property line and a minimum of 25 feet will be
available for parking between the closed gate and the garage.
3. That strict application of the Zoning Code would deprive the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity where there are some fences
exceeding 3-feet in height as illustrated by the photographs on page 3 of the Staff Report to the Zoning
Administrator dated November 13, 2003.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Zoning Administrator has reviewed
the proposal for waiver of maximum fence height to construct a 5-foot high wrought iron fence and gate in
the required front yard setback of a single family residence in the RS-7200 (Residential, Single-Family) Zone
on arectangularly-shaped 0.14-acre lot having a frontage of 60 feet on the north side of Willow Street and
a maximum depth of 100 feet, being located 100 feet east of the centerline of Bond Street, and further
described as 1507 East Willow Street; and that the Planning Director or her authorized representative has
determined that the proposed project is Categorically Exempt, Class 1, under the State of California
Environmental Quality Act Guidelines.
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04581, in part, subject to the following conditions:
That revised fence plan(s) shall be submitted to the Zoning Division for review and approval, showing
that the proposed five (5) foot high fence will be set back a minimum of ten (10) feet from the front
property line. Said plan(s) shall include a plot plan showing the fence and gate at the ten (10) foot
setback, details regarding the fence design, material and color, and the landscaping which will be
planted in the setback between the fence and the front property line. Such landscaping shall
minimally include grass or other ground cover with vines or bushes near the fence to soften its
appearance. The gate across the driveway shall be designed so as not to swing out onto the public
sidewalk or street. Following approval, the revised plans shall be dated and labeled as revised
exhibits, and shall be placed in the permanent file for this variance.
2. That the revised fence plan(s) shall be submitted to the City Traffic and Transportation Manager for
review and approval to show conformance with the Engineering Standard No. 137 pertaining to sight
distance visibility for fence locations.
3. That if required by the Building Division, appropriate permits shall be obtained for the five (5) foot high
fence and gate.
4. That prior to commencement of the activity approved herein, or 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, 2 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.
5. That subject property shall be developed in accordance with the revised plans submitted to the City of
Anaheim by the petitioner and approved by the Planning Department; and following installation, said
fence, gate and landscaping shall be properly maintained.
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 20th day of November 2003.
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: November 20, 2003 >
Danielle C. Masciel, Word Processing Operator
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