Resolution-ZA 2004-07• •
DECISION NO. ZA 2004-7
A DECISION OF THE ZONING ADMINISTRATOR
APPROVING VARIANCE NO. 2003-04594, IN PART
OWNER: Jaime Salcedo
901 North West Street
Anaheim, CA 92801
LOCATION: 901 North West Street
CEQA STATUS: CEQA Categorical Exemption, Class 3
HEARING DATE: February 19, 2004, continued from the meeting of February 5, 2004
SUPPORT: One person spoke in support of the proposal at the public hearing.
OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal, and no
correspondence was received in opposition.
REQUEST: Waivers of the following to permit and retain a 5-foot, 2-inch high combination block wall
and wrought iron fence and gate (partially-constructed) and to retain an existing house
addition (under construction) which encroaches into the required front yard setback of a
single-family residence in the RS-10,000 (Residential, Single Family) zone:
(a) Sections 18.04.043.100.101(a) - Maximum fence height.
18.12.060.090 (3 feet permitted in the required 90-foot deep front yard setback;
and 18.26.064.100 5 feet. 2 inches high proposed at the front property line)
(b) Sections 18.12.060.050 - Minimum front vard setback.
and 18.25.063.010 (90 feet required for the 5'-2" high fence, no setback proposed; and
90 feet required for the house addition, 77 feet 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 requested waivers are hereby approved, in part, to permit a 5'-2" high fence located
10 feet from the front property line (instead of at the front property line), and to permit a 77-foot setback
between the house addition and the front property line.
2. That there are special circumstances applicable to this property consisting of its size and
dimensions, which are not typical of the underlying RS-10,000 zone and which do not apply to other identically
zoned properties in the vicinity; that the minimum front setback requirement in the RS-10,000 zone is 25% of
the lot depth without any limitation (i.e., the deeper the lot, the larger the front setback); and that the
minimum lot size in the RS-10,000 Zone is 10,000 sq.ft. and the minimum lot width is 90 feet, resulting in a
111-foot deep lot which would have a required front setback of 28 feet and, in comparison, subject property is
more than twice as large (about 28,000 sq.ft.) with a width of only 80 feet, resulting in a depth of 363 feet with
an exceptionally deep front setback requirement of 90 feet.
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 other RS-10,000-zone lots in the
area, which are more conventionally sized, are developed with front yard setbacks as shallow as 25 feet; and
that the proposal, as approved, will be compatible with the front setbacks and overall character of the
surrounding single-family residences in the neighborhood. .
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Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No.
2003-04594, in part, subject to the following conditions:
1. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
showing conformance with Engineering Standard No: 137 pertaining to sight distance visibility for the
fence location relative to the driveway and West Street including the sidewalk.
2. That the appropriate building permits shall be obtained from the Building Division to construct the
proposed block wall and wrought iron fencing.
3. (a) That the 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; provided, however, that a minimum ten {10) foot
landscaped setback shall be provided between the approved fence and the front property line along
West Street; and
(b) That a revised site plan shall be submitted to the Zoning Division for review and approval showing a
minimum ten (10) foot setback between the fence and the front property line. Said plan shall include
landscaping such as bushes, shrubs and ground cover in the ten (10) foot setback.
4. That within one (1) year from the date of this decision or prior to issuance of a building permit, whichever
occurs first, Condition Nos. 1, 2 and 3(a), 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. Approvai 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 26th day of February 2004.
Annika M. Santalahti, oning 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: February 26, 2004 ~s~/1/\t C'~, ~ ~- /"~ l~.S Gl ~'~t
Danielle C. Masciel, Word Processing Operator
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