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HomeMy WebLinkAbout98-043 -Approving Variance Application No. 98-06289 RESOLUTION NO. 98-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE APPLICATION NO. 98-06 TO ALLOW VARIANCES FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK AND PARKING FOR THE SAINT JOSEPH BALLET STUDIO LOCATED AT 1818 NORTH MAIN STREET WHEREAS, Santa Ana Municipal Code Section 41-638 provides for granting a variance from the provisions of the Santa Ana Municipal Code; and WHEREAS, the applicant is seeking a variance from Santa Ana Municipal Code Section 41-369 to allow a reduction in the side yard setback and a variance from Santa Aha Municipal Code Section 41-1300 to allow a reduction in the required parking for the St. Joseph Ballet Studio located at 1818 North Main Street; and WHEREAS, this Council held a public hearing on August 3, 1998, on Variance Application No. 98-06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: ao 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 property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Due to the relative size, shape and location of the lot, St. Joseph Ballet Company is unable to provide any required on site parking. However, the variances, as conditioned, will allow the ballet studio to build to a size that meets the future needs of the community and take advantage of the surplus parking immediately adjacent to the site while keeping with the intent and purpose of the land use designation and this Code. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; 290 The granting of the variances for setback and parking will allow the ballet studio the ability to develop on the site. Without variances, it is unlikely that this or any other development could proceed on the proposed site. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The proposed variances, as conditioned, mitigate any potential detrimental impacts to the surrounding community. Parking will be provided on three public parking lots located to the north, south and west of the project site. The side yard setback variance is mitigated by an increase in landscaping in the setback. That the granting of a variance will not adversely affect the General Plan of the City; The granting of the variances, as conditioned, will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) encourages the development of culturally related activities. Moreover, the General Plan floor area ratio (FAR) for the site allows the project to be built at a higher density than those found in the typical corridors. 2. Variance No. 98406 is hereby approved, as conditioned in Attachment A, attached hereto and incorporated herein. 291 ADOPTED this 3rd ATTEST: .~i,ce C_..Guy / ~lerm of the Counci~A~ COUNCILMEMBERS: Pulido Absent Richardson Aye Espinoza Aye Franklin Aye Lutz Aye McGuigan Aye Moreno Aye day of August , 1998. rney CERTIFICATE OF ORIGINALITY State of Califomia County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. ~$> - g> ¢ ~ to be the original resolution adopted by the City Council of the City of Santa Aha on' ~/~ . Date: Clerk of the Co~-'~il f'"'-/~' I/ City of Santa Ana '/ 3 20th Street 19th Street 18th Street I  18th Street 17th Street 293 BOWERS MUSEUM SJBC/KIDSEUM PARKING DEVELOPMENT SITE KIDSEUM EXHIBIT 295 Variance No. 98-06 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval: The applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remDin in compliance with all conditions listed b~low throughout the life of the variance. Failure to comply with each and ~%ery conditions may result in the revocation of the' variance~ .. Plannlnq Division Compliance with the DP No. 97-61 Site Plan Review comments with the exception of the items covered by the variance. A parking plan needs to be submitted that identifies additional parking facilities that will be used during those days that events between the ballet studio, Bower's Museum and the Kidseum are held simultaneously. In the event the Kidseum or Bower's Museum South Lot parking facilities are removed, replacement parking facilities must be located on a site within 300 feet of the St. Joseph Ballet parcel. e Any changes to the building elevations, including materials and colors, must be submitted to staff for review. The crushing of any demolition materials will not be permitted on the site. All construction debris must be removed from the premises within five working days. Police Department The alcove created by the patio on the north perimeter of the project needs to be fenced off with materials acceptable to the Planning Division and Police Department. The existing parking lot immediately west of the studio, the student drop-of area, and the entrances to the facility located at each gate and on the north perimeter must be illuminated to a minimum maintained one footcandle of light. ATTACHMENT A 296 'he Public Works Agency has no conditions. The Public Works Agency is requiring the following items (provided here for informational purposes only): 4. 5. 6. 7. Close existing drive approach. Remove and reconstruct portions of sidewalk, curb and gutter, wheelchair ramp. Install no stopping anytime signs. Install street lights. Remove/relocate a palm tree. ~ . Construct new concrete alley. Dedicate two corner cut-offs and dedicate to widen the feet from centerline. and a alley to iQ