HomeMy WebLinkAbout80-133REL:ms
8/11/80
RESOLUTION NO. 80- 133
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA OVERRULING THE DECISION
OF THE PLANNING COMMISSION ON VARIANCE
APPLICATION NO. 80-22 AND DENYING SAID
VARIANCE APPLICATION.
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Ana on August 4, 1980, on
the action taken by the Planning Commission in granting
Variance Application No. 80-22, which application seeks to
allow storage of wrecked and inoperable vehicles at 1101 E.
Sixth Street in the M1 District; and
WHEREAS, prior to taking action on said Variance
Application, this Council has reviewed and considered the
Negative Declaration for the project, including Initial
Study No. IS 80-84.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That based on such public hearing and on the
oral and documentary evidence submitted therein, the City
Council does hereby overrule the action of the Planning
Commission on Variance Application No. 79-53, and does
hereby deny said Variance Application.
2. That the City Council hereby adopts as its
findings of fact for denial of Variance Application No. 80-
22, those certain findings prepared and submitted by the
Planning Department, attached hereto as Exhibit A, and
incorporated by reference herein as though fully set forth.
ADOPTED this 18th day of August , 1980,
by the following vote:
AYES:
NOES:
COUNCILMEN: GRISET, LUXEMBOURGER, MARKEL, SBRRATO,
WARD, YAMAMOT0
COUNCILMEN: NONE
ABSENT: COUNCILMEN: BRICKEN
ATTEST:
K~/,~ EDWARD J.-COOPER /
City Attorney
RESOLUTION NO. 80-133
VARIANCE APPLICATION NO. 80-22
REPORT DATE:
Staff: 5/21/80
Commission: 5/27/80
6/9/80
APPLICANT: Tom's Towing and Truck Repair (George Heidler)
ADDRESS & ZONING:
llO1 E. Sixth Street
AP 9-152-22
M 1 District
SDM 7-5-9
VA PURPOSE:
To allow storage of wrecked and inoperable vehicles in the
M 1 District.
STAFF RECOMMENDATION: Denial
FINDINGS IN COMPLIANCE WITH SECTION 41-638 OF THE SANTA ANA MUNICIPAL CODE:
a)
That because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of the zoning ordinance is found to deprive the subject prop-
erty of privileges not otherwise at variance with the intent and purpose
of the provisions of this chapter.
The subject property has no special circumstances relating to size, shape,
topography, location or surroundings which would deprive the applicant of
privileges not otherwise at variance with the Santa Ana Municipal Code.
The subject site may be developed consistent with M 1 District requirements
and be compatible with the prevailing trend of development on adjacent prop-
erties. In addition, the parcel would be inad6quate for development of the
proposed project owing to size limitations which would restrict proper
storage, parking and access.
b)
That the granting of a variance or minor exception is necessary for the
preservation and enjoyment of one or more substantial property rights.
The property owner may maintain and operate a number of uses in compliance
with zoning and, as such, is not deprived of the preservation and enjoyment
of one or more substantial property rights.
c) That the granting of a variance or minor exception will not be materially
detrimental to the public welfare or injurious to surrounding property.
The subject proposal will be materially detrimental to surrounding prop-
erties in that it would be incompatible with existing and planned develop-
ment of adjacent properties aimed at upgrading the neighborhood consistent
with M 1 District requirements.
d)
That the granting of a variance or minor exception will not adversely
affect the General Plan of the City.
The subject proposal is inconsistent with the General Plan in that the sub-
ject property is designated for Parks, Recreational and Open Space uses.