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that the municipal code requirements should be lessened based on the <br /> applicant's proposed use and operation. <br /> <br /> F. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br /> Commission to grant a variance upon making certain findings. <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 /> The proposed reduction in parking will allow a use to provide <br /> an ancillary service to the Civic Center and Downtown areas <br /> and thereby benefit the community. The reduced parking <br /> has been analyzed through a parking study conducted by a <br /> reputable parking engineer. After analysis of other similar <br /> sites and the school operation, the study concludes that the <br /> appropriate parking for the school use be reduced from the <br /> Santa Ana Municipal Code requirement. The school <br /> operation and off-site parking could create a negative impact <br /> to the surroundings and as such additional conditions have <br /> been placed on Variance No. 2010-02 that will mitigate <br /> potential impacts created by the parking and ensure that the <br /> operation will not negatively affect the surrounding <br /> community. <br /> 2. That the granting of a variance is necessary for the preservation <br /> and enjoyment of one or more substantial property rights. <br /> Approval of the parking variance allows the applicant to <br /> operate a school within the Professional zone adjacent to the <br /> Civic Center and downtown. The reduction in parking has <br /> been analyzed through a parking study and conditions have <br /> been added to ensure the operation will be a positive <br /> addition to the area. <br /> 3. That the granting of a variance will not be materially detrimental to <br /> the public welfare or injurious to surrounding property. <br /> The approval of the variance will not be detrimental to <br /> persons residing or working in the area because the use, as <br /> conditioned, will not create negative or adverse impacts. <br /> The conditions imposed on the variance will mitigate any <br /> Resolution No. 2010-05 <br /> Page 2 of 11 <br /> 31 A-68 <br /> <br />