Dr. Howard and Linda Knohl

Dr. Howard and Linda Knohl

Request for variancepresentation for Fox Pointe rear entrance.

Introduction

The Knohls have been residents of Peralta Hills since 1977 residing at 181 Cobblestone Lane.

The Knohls purchased two sections of property that are now one. The first in 1976 and the second in 1980.

The combined property is known as “Fox Pointe” this is the property for which we are seeking the variance.

In 1981 , The Knohls began the beautification process of Fox Pointe which culminated with the rear entrance improvement. This project was completed in July 2007.

History of Development for Fox Pointe

In 2005 a tree on the corner of Peralta Hills and Peralta Way fell onto the rear entrance of 181 Cobblestone Lane.

History of Development for Fox Pointe - Contractor

We hired our licensed contractor who was to obtain the necessary permits prior to the start of construction.

Following completion of construction, contractor had told us he had not filed the necessary permits.

The Knohls , learning this information then filed a letter with the Contractors State License Board.

Contractors State License Board in return sent a letter to the contractor placing him on notice.

History of Development for Fox Pointe - Contractor

History of Development for Fox Pointe – Mr. Schlund

Mr. Schlund had full knowledge of our construction plans prior to and during construction .

We had shown Mr. Schlund building plans and had lengthy conversations about our intentions and our direction.

Mr. Schlund, during construction had no complaints, construction took approximately 6 months to complete.

Columns were constructed from right to left as shown in the next slide.

History of Development for Fox Pointe – Mr. Schlund

Justification

Our intention is to demonstrate that there are special circumstances applicable to the property, including size, shape, topography, location and surroundings, which do not apply to other properties under identical zoning classification in the vicinity.

It is our understanding that a variance permit is not needed for this rear entrance.

City Variance Code

Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance may be granted by the Zoning Administrator or Planning Commission, the following shall be shown:

1. That there are special circumstances applicable to the property,including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and

2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity.

Special Circumstances Exceptions – Per City Bylaws

1. Identify any special physical characteristics of the property such as shape, topography, location or surroundings that cause the requested development to not meet zoning codes.

2. Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them.

3. Identify any other neighboring properties that have the same type of improvement that you are requesting.

4. Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements (e.g. natural slope of the land, placement of other structures).

Partial area map of Peralta Hills

Dr. Howard Knohl’s Property at 181 Cobblestone

Rear entrance and Fox Point Map

Identify any special physical characteristics of the property such as shape, topography, location or surroundings that

cause the requested development to not meet zoning codes.

Special Features of this property

This property is one of the only known properties in the Peralta Hills community to have it’s front and rear entrances on the same street. In essence this property is horseshoe in shape.

Front EntranceRear Entrance

Special Features of this Property • Property is a park‐like setting.

• Personal and charity function use.

• There are no large structures on the property.

• No homes or living quarters are located on the property.

• Rear and service entrance use.

Fox Pointe – Columns and fence line

• This is the rear entrance to Fox Pointe and is also a service entrance for 181 Cobblestone.

• Rear gate and front gate are similar & complimentary in visual style.

• Note that columns & gates are in proportion to the size of the propertycomporting to both the environment and the street decor.

Special Features Landscape Images of Property

Special Features Lavish Landscaping

Special Features -Charitable Use

This property was designed for both personal and charitable use.

Events are open to large numbers of guests arriving and exiting through the rear of the property.

This property provides easy ingress and egress for guests attending various charitable events.

Recent use by charitable organizations •Paint Your Heart Out (Refurbish homes for low income senior or disabled homeowners)

•Cattle Baron Gala/American Cancer Society •Littlest Angel Guild of Children Hospital of Orange County•Peralta Hills Homeowner’s Association Gala•Anaheim Musical Angels (Broadway Under The Stars)

•Musical Theatre West (Broadway In The Park)

Do other properties in the vicinity have the same type of physical characteristics as this property? If so, please identify a few of them.

Identify any other neighboring properties that have the same type of improvement that you are requesting.

Partial area map with homes that have columns over six feet

Physical Characteristic Examples

There are at least 40 homes that have columns over 6’ in height in the Peralta Hills Community as stated in this presentation.

Physical CharacteristicExamples

Physical CharacteristicExamples of Column Height

553 Peralta Hills Drive

Height of Columns

7’ 8”


4530 Cerro Vista Drive

Height of Columns

8’ 3”



Height of Columns

7’ 10”


4520 Cerro Vista Drive

Height of Columns

7’0”


250 Orange Acres Drive

Height of Columns

7’4”


261 Orange Acres Drive

Height of Columns

10’2”


616 S. Peralta Hills Drive

Height of Columns

7’ 4”

Physical CharacteristicExamples of Rear Entrance


Height of Columns

7’4”Rear Entrance


191 Cobblestone Lane

Height of Columns



151 Valley View Drive

Height of Columns



181 Cobblestone Lane

Height of Columns


Physical Characteristic181 Cobblestone Lane – Rear Entrance

Rear Entrance

Physical Characteristic Examples by Address

Columns over 6 feet

Additional properties in our community not shown on map

• 8’ 4” 260 Calle Dana• 7’ 10” 390 Peralta • 8’ 7”275 Chrisalta Way• 8’ ½5106 E. Crescent Drive • 9’ 8”4944 E. Crescent Drive• 9’ 0”5149 E. Crescent Drive• 7’ 7”5151 E. Crescent Drive• 7’ 10 171 Belleza Lane• 8’ ½333 Peralta Hills Drive• 8’ 4”260 Peralta Hills Drive• 8’ 8”301 Peralta Hills Drive• 7’ 3”126 Peralta Hills Drive• 7’ 8”560 Peralta Hills Drive• 8’ 0” 551 Peralta Hills Drive• 7’ 9”609 S. Peralta Hills Drive

• 7’ 10” 621 S. Peralta Hills Drive• 7’ 2” 644 S. Peralta Hills Drive• 11” 2” 656 S. Peralta Hills Drive• 6’ 3”S. Peralta Hills Drive• 7’ 10 S. Peralta Hills Drive• 7’ 9”Montgomery Way Entrance• 7’ 4”150 S. Cerro Vista Way• 9’ 0”267 Peralta Way• 7’ 9”609 S. Peralta Hills Drive• 7’ 10” 621 S. Peralta Hills Drive• 7’ 2” 644 S. Peralta Hills Drive• 11” 2” 656 S. Peralta Hills Drive• 10’ 2” 261 Orange Acres Drive

Physical CharacteristicExamples of Column Disparities

260 & 222 Peralta Hills Drive


4670 Cerro Vista Dr. & Valley View Place


601 & 701 Peralta Hills Drive


4941 & 4951 E. Crescent Drive


151 & 155 Valley View Place


4951 & 5005 E. Crescent Drive


4520 & 4530 Cerro Vista Drive


4700 & 4620 Cerro Vista Drive


616 Peralta Hills and 181 Cobblestone Lane

Identify the cause of the special characteristics of the site that limits the ability to comply with code requirements

Special Characteristics

No other property has the same size grounds or the physical characteristics of Fox Pointe.

Fox Pointe is a very special and unique estate. You will not find another home that matches the same foot print or characteristics among the 350 acres, 220 + homes in the Peralta Hills area.

The rear entrance won the 2007 Peralta Hills Beautification award. “The basic criteria for the award is that the property shows pride of it’s owners, outstanding curb appeal, extraordinary landscaping and gardens or recent improvements that have increased the beauty of the property”. – Peralta Hills HOA

Why are we asking for this variance now ?

We recently discovered that the necessary permits were not obtained in a timely fashion and that the city required us to apply for this variance.

We would like to enjoy the same features and benefits as or neighbors as it relates to our rear entrance of Fox Point.

Community Support

Real Estate Brokers Landscape Architects Structural Architects President Homeowners Association Beautification Committee Other Adjoining Property Owners

Groups that support the rear entrance and the beatification to the property.

Community Support• Dr. Cynthia Powell-Hicks • Hudson Lyndsey Foster Family Agency Carole Geronsin• Carole Geronsin - Prudential California Realty • Wylie & Bette Aitken - Aitken, Aitken Cohn• Cathy Wills - Local Real Estate Broker• Dan Morines - Tropical Effects, Inc• Alan Trider - Trider Real Estate• Lorraine Ferguson – Neighbor• Lara A. Toomma - Neighbor • David Flores - Neighbor • Richard & Mary Cramer - Neighbor• Niles & Emily Guichet - Neighbor • Michael D. Carey - Neighbor • Darren & Jacque Walker - Neighbor • Lane Paul Curtis - Architect• Angela Z. Dailey - Neighbor• Jack Rainaldi - Neighbor• Bonnie Bann – Neighbor• Neal Vincent – Architect – HKS Architect

Community Support

“The overall design of the rear entrance to the Knohl residence is consistent, appropriate and harmonious with the Peralta Hills neighborhood as a whole.”

Dan Morines

“By creating this well designed method of allowing vehicles to pull of the drive and exit passengers at charitable and other events is both utilitarian and protective of safe traffic flow.”

Wylie & Bette Aitken

Community Support“As a matter of fact, it has encouraged other families in

our neighborhood to beautify their homes in such a manner. Shortly after the Knohl family put up this gate/fence, they even won “The Beautification Award” from the

Peralta Hills Homeowner’s Association.”Lara A. Tooma

“A recent impressive upgrading to the to the entranceHas added much to the beatification or Peralta Hills . The columns and fence Are an appropriate height andproportional to our neighborhoods character and architecture”Angela Z. Dailey”

“I have have been a realtor for 40 years and have held a B‐1 General contractors license for 31 years. This entry is tastefullyDesigned and enhances the entire community. The VarianceShould absolutely be granted.”Alan Trider

Community Support

Community Support – HOA Beautification Award

Legal Argument

Government Code section 65906 provides:

“Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size [3.5 ACRES], shape [HORSESHOE], topography [HILLY], location [BACK, SERVICE ENTRANCE FRONTING ON AN UNPROTECTED, NOT GATED STREET] or surroundings [WITHIN A GATED COMMUNITY, REQUIREMENT OF SECURITY], the strict application of the zoning ordinance [LIMITING GATE/POSTS TO 6 FEET] deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. [¶] Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.” [BRACKETED ITEMS ARE ADDED]

Anaheim Municipal Code’sPurpose & Applicability

Anaheim Municipal Code Section 18.74.010: Purpose: The purpose of this chapter is to provide a procedure to deviate from development standards, where it is determined that the strict application of the Code results in practical difficulties, unnecessary hardships, or inconsistencies with the general intent of this title. The purpose is to assure that no property, because of the special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. (Emphasis added)

Anaheim Municipal Code Section 18.74.020: Applicability:

. . . . The sole purpose of any variance shall be to prevent discrimination.

Consistent with Government Code section 65906, THE APPROVAL AUTHORITY with City of Anaheim must make

findings of fact: FINDINGS REQUIRED:

18.74.0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity.

18.74.0202 That, because of special circumstances shown in subsection .0201, strict application of the Zoning Code deprives the property of privileges enjoyed by other property under identical zoning classification the vicinity.

Municipal Code Section 18.74.010 and .020 reasons further that it is:

to assure that no property, because of the special circumstancesapplicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone AND with the solepurpose of any variance to prevent discrimination

Municipal Code for Fences Anaheim Municipal Code, Zoning, Landscaping and

Screening, Fences, Walls and Hedges: Chapter 18.46.110

Subsection .030 Table 46‐B, sets out rules for Permitted Fences and Walls within the front of a property (3’, plus 6’decorative and landscaped wrought iron)

Within Vacant Lots and Construction Sites abutting arterial highways or scenic expressway‐Maximum of 8 feet

Table 46‐B continues with fences “within required side, rear or interior Setbacks”, showing guidelines for “Additional Fencing”

Municipal Code Table 46-B For Additional Fencing, for a single family residence, the

code allows 6 feet maximum, with a special provision that the maximum height is “8 feet, if residence abuts non‐residential use”

Here, the rear entrance to 181 Cobblestone fronts on S. Peralta Way, abuts “non‐residential use” ‐ ‐ ‐ here, a ROAD

The Special Provisions Provision should apply

Table 46‐B also allows for a SFR a maximum of 8 feet for abutting scenic expressway and 6‐8 feet abutting a public alley

Legal Argument – “non‐residential use” – whether a road or an alley ‐ ‐ either one allows an 8 foot height

THE CONTROLLING ISSUE: Whether strict application of zoning laws would prevent

the HOMEOWNER from utilizing his property to the same extent as other property owners in the same zoning district. I.E., beautifying his property with 8 foot tall fence/ columns, and protecting his property with the security of a tall enough fence to prevent vandalism and theft.

To deny variance would be clearly arbitrary and unreasonable, with decisions not being enforced in an equal manner among other similarly situated homeowners.

Replacement of “non-conforming use” chain link fence & 8’ shrubs For 30 years there existed an 8’ tall fence at same area ‐ ‐ a

6 foot chain link fence backed by a hedge of 8 foot tall black‐eyed susans

In 2007, a city tree fell on the fence on S. Peralta Hills Drive, but city failed to help with replacement of it (still a pending issue)

Fence needed replacement, hired contractor to construct a beautiful fence, where contractor obtained permits (or so he said – but he failed to do so)

Replacement fence is same height as prior non‐conforming fence

Burden of Proof The burden is on the applicant for a zoning variance to

prove all necessary facts warranting the granting of the relief sought, including the essential fact that strict enforcement of the ordinance would cause unnecessary hardship to the applicant. Tustin Heights Ass'n v. Board of Sup'rs of Orange County (1959) 170 Cal. App. 2d 619.

Variance Applies to Particular Property

A zoning variance . . . must be “grounded in conditions peculiar to the particular lot as distinguished from other property” in the specific plan area. (Zakessian v. City of Sausalito (1972) 28 Cal.App.3d 794, 799‐800 ( Zakessian).) Unnecessary hardship therefore occurs where the natural condition or topography of the land places the landowner at a disadvantage vis‐à‐vis other landowners in the area, such as peculiarities of the size, shape or grade of the parcel. ( Id. at p. 800.) Zakessian also discerned in the hardship requirement an additional finding that the hardship be substantial, and that the exception sought must be in harmony with the intent of the zoning laws. ( Id. at p. 801.)

Further, the special circumstances pertaining to the property must be such that the property is distinct in character from comparable nearby properties. In Topanga Assn. for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506 (“Topanga”), the landowner obtained a zoning variance to build a 93‐space mobile home park on 28 acres in Topanga Canyon on property zoned for light agricultural and single‐family residences. ( Id. at p. 510.) Applying Government Code section 65906, Topanga found insufficient evidence supported the grant of the variance because there was there was no evidence concerning comparable neighborhood properties, and therefore whether the variance was necessary to bring the landowner into parity with other parties holding property in the same area. ( Id. at p. 521.)

Unlike Topanga, I have applied for the variance, PLUS I have supplied more than sufficient evidence to support the grant of evidence because my evidence shows many other properties that contain fences and posts at least 8 feet in height and greater, where the variance is necessary to bring me, the landowner, into parity with other parties holding property in the same area.

SUMMARY Here, I am asking for the City's granting this exception and

variance, because (1) any enforcement of a lower height requirement for a fence and posts at the back of the property would impose substantial hardship on this property because of its unusual circumstances, (2) the request is supported by substantial evidence, including (a) the fact that property is the back entrance to a property within a gated community, which has an 8 foot locked gate at the front of the community for security purposes, also required at the back of the property, and (b) pictures of some of the other residences who have been able to beautify their property with higher gates and posts, plus (3) proof has been submitted of many residences that have fences and columns 8 feet tall or higher. To deny the variance would be discriminatory, contrary to the purpose of the City of Anaheim’s Municipal Code.

Thank you for your time and consideration of our request for a variance to the

Anaheim Municipal Code

Dr. Howard and Linda Knohl

Documents

Dr. Howard and Linda Knohl