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HomeMy WebLinkAbout2003-33Koo-9/8/03 RESOLUTION NO. 2003-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2003-03 TO ENCROACH INTO THE SIDE YARD AND THE PREVAILING FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT 1811 NORTH HELIOTROPE DRIVE 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. The Planning Commission held a duly noticed public hearing on September 8, 2003, on Variance No. 2003-03 to allow the encroachment into the side yard and the prevailing front yard setback for the property located at 1811 • North Heliotrope Drive. B. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. i. The development project has special circumstances that warrant the granting of a variance. The demolition of the former structure was necessary due to extensive termite damage to the raised floor and to provide atwo-story home similar to others in the surrounding area. Further, had the permit issuance not occurred, the applicant's request for a variance would be for a lesser encroachment into the setbacks, a reduction request similar to other encroachment requests. Building permit records indicate the front and side setbacks to have been 41-feet and 4-feet, respectively. The structure's primary encroachment into the front yard is due to a 12-feet 3-inch wide room projection resulting in a 37-feet 6- • inch front yard setback. A reduction from the previous 4-foot side yard setback to 3-feet 1-inch and the majority of the Resolution No. 2003-33 Page 1 of 4 • structure measuring 44-feet 6-inches from the front property line would not be intrusive or detract from the character of the neighborhood. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. i. The approval of this variance will allow the property owner to continue with construction of asingle-family residence in a single-family neighborhood. The development of a single- family residence with the majority of the structure maintaining a 44-feet 6-inch front yard setback and 3-feet f - inch side yard setback will respect and continue the unusual setbacks found throughout the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. i. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties, which offer a variety of residential designs and architecture. The encroachment into the prevailing front yard setback and side yard will not have a significant impact on the existing neighborhood character and will provide architectural design • that will enhance the area. The Land Use Element's Policy 3.1 states to support development which provides a positive contribution to neighborhood character and identity, a new single-family residence with the majority of the structure over 44 feet from the front property line addresses this policy. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood; the structure setbacks will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. i. The requested variance will not adversely affect the General Plan, as it will be consistent with 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 single-family residence will be architecturally compatible with the existing neighborhood. The encroachment into the front yard and side yard setback will not significantly impact the prevailing setback and has been designed to provide architectural consideration and • articulation. Resolution No. 2003-33 Page 2 of 4 • C. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 03-185 will be filed for this project Section 3. The Planning Commission hereby approves Variance No. 2003-03 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 8th day of September, 2003 by the following vote: AYES: Commissioners: Cribb, De La Torre, Lutz, Mondo, Nalle (5) NOES: Commissioners: Leo, Sinclair (2) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: None (0) APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee .Otto Dept~t City Attorney • /~; C f C~~~~'' Alexander Nalle Chairperson Resolution No. 2003-33 Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2003-33 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 8, 2003. Date: Z- ~ I nning Com n Secretary City of Sant • • Resolution No. 2003-33 Page 4 of 4