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HomeMy WebLinkAbout2004-03• RESOLUTION NO. 2004-03 Koo-2/5/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2003-11 TO PERMIT A WALL THAT EXCEEDS THE HEIGHT REQUIREMENT FOR THE PROPERTY LOCATED AT 1605 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. 2003-11 came before the Zoning Administrator of the City of Santa Ana for a public hearing on January 28, 2004. B. The applicant is requesting approval of Minor Exception No. 2003-11 to permit a wall that exceeds the height requirement for the property located at 1605 North Towner Street. • C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a Minor Exception 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 special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges granted to other similar single-family neighborhoods. The property is located within a cul-de-sac, creating a varying front yard setback. Allowance of the fence provides for a more visually enhanced fence design that is compatible with the character of the existing neighborhood. 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 would impact the rights of the property owners to enjoy the use of their property. The construction of a fence with 24 inches of solid wall and 22 inch wide pilasters will, in of itself, allow for a greater enjoyment than which is permitted by code. The fence will Resolution No. 2004-03 Page 1 of 4 • give the property owners a greater amount of privacy from the adjoining residences. 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. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. The fence design is compatible with the character of the surrounding neighborhood. 4. That the granting of a variance will not adversely affect the General Plan of the City. The requested minor exception will not adversely affect the General Plan. 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 compatible with the existing neighborhood character. D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. • Environmental Review No. 03-234 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting. the public hearing hereby approves Minor Exception No. 2003-11 as conditioned in Exhibit "A" attached hereto and incorporated herein. 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 January 28, 2004 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 28th day of January 2004. Kenneth Adams Zoning Administrator • Resolution No. 2004-03 Page 2 of 4 C~ APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney .~--_ By: ~'~ `~ Kylee O. D o Deputy Cify Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY C7 • I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-03 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on January 28, 2004. Date: `,~/D ~b 7' Clerk of the Zoning Administra City of Santa Ana Resolution No. 2004-03 Page 3 of 4 • Conditions for Approval for Minor Exception No. 2003-11 Minor Exception No. 2003-11 is approved subject to compliance, to the reasonable satisfaction of the Zoning Administrator, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this minor exception permit. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception permit. A. Planning Division 1. The second pilaster from the street along the south property line shall be reduced from 42 inches to 36 inches in height. 2. Apply for a front fence permit with the Planning Department. 3. Any amendment to this minor exception permit must be submitted to the • Planning Division for review. At this time, staff will determine if administrative relief is available or the minor exception permit must be amended. • Exhibit A