HomeMy WebLinkAbout99-008 - Approving Variance No. 98-121/13/99
RESOLUTION NO. 1999-008
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING VARIANCE
NO. 98-12, TO ALLOW RELIEF FROM THE
SCREENING REQUIREMENTS FOR ROOF MOUNTED
MECHANICAL EQUIPMENT ON THE DISCOVERY
SCIENCE CENTER LOCATED AT 2500 NORTH
MAIN STREET
WHEREAS, Santa Aha Municipal Code Section 41-638 provides for
the granting of a variance from the provisions of the Santa Aha
Municipal Code; and
WHEREAS, this Council held a public hearing on December 21,
1998 on Variance Application No. 98-12, to allow a variance from
Santa Aha Municipal Code Section 41-622 for roof mounted
mechanical equipment on the Discovery Science Center, located in
Specific District 65 (SD-65).
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:
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;
Requiring strict compliance with the Code regarding the
screening of roof mounted mechanical equipment would
cause the applicant to essentially place four small
screens in front of each unit, thereby detracting from
the architectural prominence of the building exterior.
Moreover, the evidence introduced at the hearing
demonstrates that Phase II of the project will
eliminate the exposed mechanical equipment. Based on
the aforementioned, the strict application of Section
41-622 to the project would deprive the subject
property of privileges not otherwise at variance with
Chapter 41 of the Code.
That the granting of a variance is necessary for the
preservation and enjoyment of one or more substantial
property rights;
1
Because the project is a phased rehabilitation of an
existing building, without a variance from the
screening requirements the applicant would be denied
use of the property during Phase I and would suffer the
deprivation of substantial property rights. Phase II
of the project will permanently screen the roof mounted
mechanical equipment.
Co
That the granting of a variance will not be materially
detrimental to the public welfare or injurious to surrounding
property;
A variance from the screening requirements will not be
detrimental to surrounding properties and the public in
general as the roof mounted mechanical equipment has
been painted the same color as the building to
disguised its presence. This temporary measure does
not impact the aesthetic quality of the building or
surrounding view. Phase II of the project will screen
the roof mounted mechanical equipment.
That the granting of a variance will not adversely affect the
General Plan of the City;
The proposed variance will not adversely affect the
City's General Plan.
2. Variance No. 98-12 is hereby approved, conditioned upon
Phase II of the project eliminating the exposure of the roof
mounted mechanical equipment.
ADOPTED this 19th
ATTEST:
day of
January , 1999.
Mi ~ ulido ~
COUNcILMEMBERS:
Pulido Absent
Lutz Aye
Bist Aye
Christy Aye
Franklin Aye
McGuigan Aye
Moreno Absent
APPROVED AS TO FORM:
2
RESOLUTION NO. 1999-008
CERTIFICATE OF ORIGINALITY
State of California
County of Orange
I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No.
/~q~ - o o ir to be the original resolution adopted by the City Council of the City of Santa Ana
on
City of Santa Ami /