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RESOLUTION N0.2003-09
Iss/04/22/03
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA APPROVING MINOR
EXCEPTION NO 2003-03 TO PERMIT AFIFTY-FOUR INCH
HIGH PICKET FENCE AND AN ARBOR IN THE FRONT
YARD AT 1407 NORTH TOWNER STREET
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 2003-03 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on April 2, 2003.
B. Minor Exception No. 2003-03 has been filed with the City of Santa Ana
seeking to permit afifty-four inch picket fence and arbor within the front yard
of the property located at 1407 North Towner Street.
• C. The Zoning Administrator determines that the following findings, which must
be established in order to grant a minor exception from the provisions of the
Santa Ana Municipal Code, have 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 special circumstances applicable to the subject
property where the strict interpretation of the zoning ordinance
is found to deprive the subject property of privileges. The
picket fence is a replacement of an existing picket fence of
similar style and will be located in the same location as the
previous fence.
2. That the granting of a variance is necessary for the preservation and
enjoyment of one or more substantial property rights.
Granting of this minor exception would enhance the rights of
the property owners to enjoy use of their front yard. This fence
• defines an area for the owners to use recreationally.
Resolution No. 2003-09
Page 1 of 3
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 will not be detrimental or
injurious to the surrounding properties as the appearance of
the fence is aesthetically compatible with the surrounding
properties. Goal 2.7 or the Urban Design Element states that
projects must exhibit a functional, comfortable scale in relation
to the neighborhood. The applicant provided documentation
showing the surrounding neighbors' support and approval of
the proposed pricket fence and arbor. The neighborhood will
be visually improved with the type and style of fence.
4. That the granting of a variance will not adversely affect the General
Plan of the City.
The approved minor exception will not adversely affect the
General Plan, as it does not have 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 picket fence is compatible
with the character and style of the existing neighborhood.
• D. The Zoning Administrator received testimony regarding the proposed fence.
The Zoning Administrator expressed that the applicant's request was
reasonable due to the following:
1. The proposed fence is replacing an existing wood picket fence of
similar design and location;
2. The applicant provided a petition with the signatures of ten of her
immediate neighbors stating their support and approval of her
proposed fence; and
3. The picket fence and arbor would be an aesthetically appealing
component to the neighborhood.
E. Categorical Exemption Environmental Review No. 03-049 will be filed for
this project pursuant to the California Environmental Quality Act.
•
Resolution No. 2003-09
Page 2 of 3
Section 2. The Zoning Administrator of the City of Santa Ana after conducting the
public hearing hereby approves Minor Exception No. 2003-03 as conditioned in Exhibit
"A" attached hereto and incorporated herein.
ADOPTED this 2"d day of April, 2003.
~~~
Kenneth Adams
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Laura Sheedy
Assistant City Attorney
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify
the attached Resolution No. 2003-09 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on April 2, 2003.
Date: `t
k of the Wing Administrator
C' y of nta Ana
•
Resoiution No. 2003-09
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