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<br />KO -11/04/04 <br /> <br />RESOLUTION NO. 2004-45 <br /> <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA DENYING VARIANCE NO. <br />2004-12 SEEKING TO ALLOW A 100-FOOT TALL <br />FLAGPOLE AT AN EXISTING SERVICE STATION AT 617 <br />EAST SEVENTEENTH STREET <br /> <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br /> <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br /> <br />A. Variance No. 2004-12 came before the Planning Commission of the City <br />of Santa Ana for a duly noticed public hearing on October 25, 2004. <br /> <br />B. The applicant is requesting approval of Variance Permit No. 2004-12 to <br />allow a 100-foot tall flagpole at an existing service station at 617 East <br />Seventeenth Street. <br /> <br />C. Applicant is seeking a variance from Santa Ana Municipal Code Section <br />41-602(c)(2), which establishes a height limit of 35-feet for structures that <br />are located in the C5 zone and within 140-feet of any property zoned or <br />used for residential purposes. <br /> <br />1. As defined in the municipal code, a structure is "anything <br />constructed or erected which requires permanent location on the <br />ground, or attached to something having permanent location on the <br />ground, including signs and billboards". <br /> <br />2. The flagpole is over two times above the maximum allowable height <br />for this zone and is immediately adjacent to single-family <br />residences. <br /> <br />D. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. The <br />Planning Commission determines that the findings necessary to grant the <br />variance have not been established: <br /> <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br /> <br />i. There are no special circumstances applicable to the subject <br />property where the strict interpretation of the zoning <br /> <br />758-23 <br /> <br />Resolution No. 2004-45 <br />Page 1 of 4 <br /> <br />