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RESOLUTION NO. 2003-057
Koo-10/27/03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA DENYING MINOR EXCEPTION
NO. 2003-08 TO PERMIT A FENCE THAT EXCEEDS THE
FRONT YARD FENCE HEIGHT REQUIREMENT FOR THE
PROPERTY LOCATED AT 5014 WEST LEHNHARDT
AVENUE
BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF
SANTA ANA AS FOLLOWS:
Section 1. The Zoning Administrator of the City of Santa Ana hereby finds,
determines and declares as follows:
A. Minor Exception No. 2003-08 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on December 10, 2003.
C
B. The applicant is requesting approval of Minor Exception No. 2003-08 for a
to permit a fence that exceeds the front yard fence height requirement for
the property located at 5014 West Lehnhardt Avenue.
C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning
Administrator to grant a conditional use permit upon making certain
findings.
1. Will the proposed use provide a service or facility which will
contribute to the general well being of the neighborhood or the
community?
There are no special circumstances applicable to the subject
property where the strict interpretation pf 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 the zoning code. This is a
standard residential lot with no unique site features that
warrants a fence above code requirements.
2. That the granting of a variance is necessary for the preservation
and enjoyment of one or more substantial property rights.
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The denial of this minor exception should not significantly
impact the rights of the property owners to enjoy the use of
their property. The construction of a 47-inch tubular fence
with 3.5-inch spacing and two arbors will, in and of itself, not
Resolution No. 2003-057
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guarantee any greater enjoyment than which is permitted by
code.
3. That the granting of a variance will not be materially detrimental to
the public welfare or injurious to surrounding property.
The granting of a minor exception may be detrimental or
injurious to the surrounding properties due to an appearance
that is aesthetically incompatible with the surrounding
properties. Goal 2.7 of the Urban Design Element states
that projects must exhibit a functional, comfortable scale in
relation to the neighborhood. A fence exceeding the height
limit and vertical member spacing less than allowed by code
will be a visual and physical obstruction within the front yard
setback. The fence at the height proposed may create an
image that the neighborhood is unsafe.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The requested minor exception will adversely affect the
General Plan, as it has a negative impact on the goals and
policies expressed in that document. Goal 3.5 of the Urban
Design Element Policy Plan is to encourage residential
alterations that are consistent with the architectural character
• of the neighborhood. The fence is incompatible with the
existing neighborhood, as the majority of the surrounding
properties do not have large fences in the front yard setback.
D. In accordance with the California Environmental Quality Act, the proposed
project is Statutorily Exempt. No further environmental review is needed.
Environmental Review No. 03-230 will be filed for this project.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby denies Minor Exception No. 2003-08. This decision is based
upon the evidence submitted at the abovesaid hearing, which includes but not is not
limited to: the Request for Zoning Administrator Action dated December 10, 2003 and
exhibits attached thereto; and the public testimony, all of which are incorporated herein
by this reference.
ADOPTED this 10th day of December, 2003.
Kenneth Adams
Zoning Administrator
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Resolution No. 2003-057
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APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee O. o
Deputy C Attorney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
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I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2003-057 to be the original resolution adopted by the
Zoning Administrator of the City of Santa Ana on December 10, 2003.
Date: ~ ~ ~
Clerk f the Zoning Administrat
City of Santa Ana
Resolution No. 2003-057
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