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HomeMy WebLinkAbout2004-07• RESOLUTION NO. 2004-07 Koo-3/21 /04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION N0.2004-02 FOR THE PROPERTY AT 1310 SOUTH BIRCH 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. 2004-02 came before the Zoning Administrator of the City of Santa Ana for a public hearing on April 7, 2004. B. The applicant is requesting approval of Minor Exception No. 2004-02 to construct block wall pilasters and picket fencing within the front yard for the property at 1310 South Birch Street. C. The Zoning Administrator determines that the following findings, which • must be established in order to grant a Conditional Use Permit, pursuant to Santa Ana Municipal Code Section 41-638, have not been established. 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 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 the zoning code. This is a standard residential lot that can construct pilasters within code requirements. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. 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 28-inch wide pilasters, in and of itself, will not guarantee any greater enjoyment than which is permitted by code. • Resolution No. 2004-07 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 be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of 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. Although the fence materials are compatible with the existing residence, the proposed fence will stand out from the existing fences that are constructed to current standards. 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. Twenty-eight inch wide pilasters are inconsistent with the existing neighborhood, as the majority of the surrounding properties do not have wide pilasters in the front yard setback. A similar fence could be constructed with the required 16-inch pilasters and incorporate the proposed architectural style of the wall. D. In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 2004-48 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. 2004-02. 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 April 7, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 7th day of April, 2004. ~/5,~~ Kenneth Adams Zoning Administrator • Resolution No. 2004-07 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ,~ ,~~ Kylee O. Ott Deputy Cit ttorney CERTIFICATE OF ATTESTATION AND ORIGINALITY r~ ~~ I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-07 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on April 7, 2004. Date: .Jr'o~ ~'~ Clerk of the Zoning i rator City of Santa Ana Resolution No. 2004-07 Page 3 of 3