RES-9110 Upholding Appeal No. 448RESOLUTION NO. 91I0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ORANGE OVERRULING THE DECISION OF THE
PLANNING COMMISSION OF THE CITY OF ORANGE
AND UPHOLDING APPEAL NO. 448, GRANTING A
VARIANCE TO ALLOW THE CONSTRUCTION OF A
SIX-FOOT EIGHT-INCH HIGH FENCE
WITHIN THE FRONT AND SIDE YARD SETBACK
OF PROPERTY LOCATED AT 706 EAST
WALNUT AVENUE.Appeal
No. 448 Variance
No. 2050-98 Applicant and Appellant:
Fred
E. Peters RECITALS:WHEREAS, on October 5, 1998, the Planning Commission of the
City of Orange conducted a public hearing as required by law to consider an appeal
of the Zoning Administrator's decision denying Variance
No. 2050-98; and WHEREAS, the proposed Variance was to allow the construction
of a six-foot eight-inch high fence within the front and side yard setback area upon
property located
at 706 East Walnut Avenue; and WHEREAS, the subject property is commonly known as
706 East Walnut Avenue and
is more particularly described as follows:LOT 20 OF TRACT NO. 1510 AS SHOWN
ON A MAP RECORDED IN BOOK 44, PAGE 42
OF MISCELLANEOUS
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA WHEREAS, by Resolution No. 74-98,
the Planning Commission denied the appeal, thus denying
Variance No. 2050-98 with certain findings; and WHEREAS, Appeal No. 448 was timely
filed by the appellant, Fred E. Peters; and WHEREAS, the City Council heard
the appeal of appellant by conducting
a public hearing on February 23,1999; and WHEREAS, at said public hearing,
the City Council heard the testimony of five m'lmbers of the public, considered
documentary evidence presented and found
1. The proposal is categorically exempt from the provlSlons of the California
Environmental Quality Act per State CEQA Guidelines Section 15303(e).
2. This property is unique in comparison with other properties due to its location on
a comer lot and in immediate proximity to Orange High School.
3. Because of the unique location of the property, the strict application of the Zoning
Ordinance regarding fence heights in front and side yard setbacks would deprive this property of
privileges enjoyed by other properties in the vicinity and under identical R-I-
6 zone classifications, namely the privilege of adequate security
and privacy.4. The granting of Variance No. 2050-98 would not permit a
use otherwise not permitted
in this zone.5. Variance No. 2050-98 is subject to the following conditions
which will assure that the authorized adjustment does not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the vicinity and zone in which
subject property is located:1) Construction of the fence shall occur in substantial
conformance with plans as submitted for approval by the City
Council and conditions herein;2) The applicant shall install an approved automatic gate to
provide access for vehicles E~
ntering the driveway; and 3) If not utilized, Variance 2050-98 shall expire two (2)
years from the approval date.NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Orange that Appeal No. 448 is upheld and Variance No. 2050-98
is approved for the following reasons:1. The
foregoing recitals are true and correct.2. The findings required by Orange Municipal Code Section
17.10.040.E are met.Adopted
the
11th day of May, 1999.ATTEST:City
Clerk of the City
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I
hereby certifY that the foregoing Resolution was duly and regularly adopted by the City Council
of the City of Orange at a regular meeting thereof held on the 11 th day of May, 1999, by the
following vote:AYES:
COUNCIL MEMBERS: MURPHY. COONTZ. SPURGEON, ALVAREZ NOES:
COUNCIL MEMBERS: SLATER ABSENT:
COUNCIL MEMBERS: NONE ABSTAIN:
COUNCIL MEMBERS: NONE MEB
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Reso No. 9110