Resolution-ZA 2003-47• •
DECISION NO. ZA 2003-47
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04583
OWNER: Billy D. and Patricia F. Stowers
7707 East Autry Drive
Anaheim, CA 92808
LOCATION: 7707 East Autry Drive
CEQA STATUS: CEQA Categorical Exemption -Class 1
HEARING DATE: November 26, 2003
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and
no correspondence in opposition was received.
REQUEST: Waiver of the following to construct a 6-foot high combination wrought iron and block
wall fence within the required front yard setback of an existing single-family residence in
the RS-HS-22,000(SC) (Residential, Single Family Hillside -Scenic Corridor Overlay)
Zone:
Sections 18.04.043.100.101(x) - Maximum fence height.
18.12.060.050 (3 feet high permitted in 25-foot setback along
18.12.060.090 Eucalyptus Drive;
18.23.063.010.011 6 feet high proposed at front property line)
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 there is a special circumstance applicable to the property consisting of its topography
which includes a steep slope along the property frontage on Eucalyptus Drive, which does not apply to
other identically zoned properties in the vicinity.
2. That strict application of the Zoning Code would deprive this property of privileges enjoyed
by other properties in identical zoning classification in the vicinity because there are three homes in the
immediate vicinity and throughout the neighborhood in general, which are improved with similar fences (as
described in paragraph (12) of the Staff Report to the Planning Commission dated November 26, 2003)
and as indicated by the photographs submitted by the petitioner.
Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04583, subject to the following conditions:
1. That plans showing conformance with the Engineering Standard No. 137 (pertaining to sight distance
visibility for the proposed fence location) shall be submitted to the City Traffic and Transportation
Manager for his review and approval.
2. That the petitioner shall plant clinging vines (or shrubs which will have a comparable visual effect) on
minimum five (5) foot centers along the interior of the combination block wall and fence to minimize
and soften the visual impact of the proposed fence on the neighborhood.
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3. 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.
4. That within a period of one (1) year from the date of this decision, 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 (Time Limit for Amendments, Conditional Use Permits,
Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal
Code.
5. 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 4`h day of December , 2003.
'~ ~ t
Z1r`
Annika M. Santalaht ,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: December 4, 2003 ~
a ielle C. Ma ~ , W rd Processing Operator
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