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Resolution-ZA 2004-25~ ~ DECISION NO. ZA 2004-25 A DECISION OF THE ZONING ADMINISTRATOR APPROVING VARIANCE N0.2004-04616 OWNER: G. John Kuroda 3321 Ruth Elaine Drive Los Alamitos, CA 90720 LOCATION: 135 South Ridaeway Street CEQA STATUS: CEQA Categorical Exemption -Class 1 HEARING DATE: August 19, 2004, continued from the August 5, 2004 meeting OPPOSITION: No one indicated their presence at the public hearing in opposition to the proposal and no correspondence was received in opposition. SUPPORT: One person spoke. at the public hearing in favor of the request and one letter was received in support of the request. REQUEST: Waiver of the following to permit and retain an existing 4-foot high wrought iron fence in the required front setback of an apartment complex in the RM-4 (Residential, Multiple Family) Zone: Sections 18.06.090.010.0102 - Maximum fence height. 18.06.090.080.0810 (3-foot height permitted in the 15-foot setback 18.46.110.030 along a local street; and 18.74.040.020.0211 4 feet high fence existing and proposed at the front property line along Ridgeway Street) Having been appointed Zoning Administrator by the Planning Director, pursuant to Anaheim Municipal Code Section 18.74.040 (Approval Authority), to decide the above-referenced petition and a public hearing having been duly noticed for and held on the date set forth above, 1 do hereby find: 1. That this variance is approved because a 4-foot high fence will protect the privacy of the front yard of this apartment complex by discouraging people from sitting on the fence and small children from climbing over the fence without obscuring the view into and out of the front yard; and that the difference between a 3-foot high and 4-foot high fence is minimal and the existing 4-foot wrought iron fence is in scale to this apartment complex and the neighboring apartments, and does not have an adverse impact on the neighborhood. Based on the evidence and testimony presented to me, I do hereby determine to approve Variance No. 2004-04616, subject to the following conditions: That subject property shall be developed substantially in accordance with the 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. 2. That approval of this Variance 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. 3. That the four (4) foot high wrought iron fence in the front yard shall be appropriately maintained. ZA2004-025.doc - 1 of 2 - ZA2004-25 This Decision is made, signed, and entered into the file this 26th day of August 2004. 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: l do hereby declare under penalty of perjury that on the date set forth below, l 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: August 26, 2004 Danielle C. Mas iel rd Processing Operator ZA2004-025.doc - 2 of 2 - ZA2004-25