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HomeMy WebLinkAbout2005-24• RESOLUTION NO. 2005-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING VARIANCE NO. 2005-06 (A) TO ALLOW A REDUCTION IN LOT SIZE, VARIANCE NO. 2005-06 (B) TO ALLOW A REDUCTION IN SIDE YARD SETBACK, VARIANCE NO. 2005-06 (C) TO ALLOW A REDUCTION IN LANDSCAPING AND VARIANCE NO. 2005-06 (D) TO ALLOW ADEAD-END DRIVE AISLE FOR THE PROPERTY LOCATED AT 101 SOUTH GUNTHER STREET KO -08/05/05 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2005-06 (a) to allow a reduction in lot size, Variance No. 2005-06 (b) to allow a reduction in side yard setback, Variance No. 2005-06 (c) to allow a reduction in landscaping • and Variance No. 2005-06 (d) to allow adead-end drive aisle for the property located at 101 South Gunther Street. B. Variance No. 2005-06 (A), (B), (C) and (D) came before the Planning Commission on August 8, 2005 for a duly noticed public hearing. C. The Planning Commission determines that for Variance No. 2004-18 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provisions of the Santa Ana Municipal Code, have not been established: 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. There are no special circumstances applicable to the subject property. The subject site is located on the southeast corner of First and Gunther Streets. The adjacent commercial buildings are developed on sites with minimum 15,000 square foot lots. The North Harbor Specific Plan was envisioned to create a strong and viable commercial district Resolution No. 2005-24 Page 1 of 3 with systematic development and landscaping standards. • One of the objectives in the North Harbor Specific Plan was to ensure the consistent application of development standards and the elimination of activities that are incompatible with improving the area's overall image 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is not necessary for the preservation and enjoyment of property rights. The adjacent commercial buildings are developed on sites with minimum 15,000 square foot lots. To allow the conversion of the existing single-family residence into a flower shop is not consistent with the minimum lot size requirement as well as the setback and landscape buffer requirements in the North Harbor Specific Plan (SP2). 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will be materially detrimental to the public welfare or injurious to the surrounding property. • The adjacent commercial buildings are developed on sites with minimum 15,000 square foot lots. To allow the conversion of the existing single-family residence into a flower shop will not be in scale and character with existing development in the area. 4. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will adversely affect the General Plan of the City. Policy 2.9 of the Land Use Element supports new developments which are harmonious in scale and character with existing development in the area while Policy 5.5 encourages development that is compatible with the surrounding land uses. The subject property contains only 7,800 square feet of area, which is substantially smaller than the surrounding commercial sites. The proposed flower shop will not be harmonious in scale and character with existing commercial developments in the area. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15270. This exemption applies to Resolution No. 2005-24 Page 2 of 3 projects which a public agency disapproves. Statutory Exemption • Environmental Review No. 2004-14 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies 1. Variance No. 2005-06 (a) to allow a reduction in lot size. 2. Variance No. 2005-06 (b) to allow a reduction in side yard setback. 3. Variance No. 2005-06 (c) to allow a reduction in landscaping. 4. Variance No. 2005-06 (d) to allow adead-end drive aisle. These decisions are based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff reports and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. ADOPTED this 22nd day of August, 2005 by the following vote: AYES: Commissioners: De La Torre, Gartner, Leo, Lutz (4) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Cribb, Mondo, Nalle (3) ,- ~ i ~,~ G nn Mondo C irperson APPROVED AS TO FORM: - Joseph W. Fletcher, City Attorney Kylee O. O Assistant C Attorney Resolution No. 2005-24 Page 3 of 3 • r~ LJ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2005-24 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 22, 2005. Date: ``~ D5 Clerk of the Planning Commissio City of Santa Ana Resolution No. 2005-24 Page 4 of 3