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HomeMy WebLinkAbout2002-19r~ ~J RESOLUTION N0.2002-19 Kdo/08/05/02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO 2002-04 FOR THE PROPERTY AT 2407 NORTH FRENCH 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 2002-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on July 24, 2002. B. Minor Exception No. 2002-04 has been filed with the City of Santa Ana seeking to permit afive-foot solid block wall with pilasters within the front yard of the property located at 2407 North French 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 property in question has a large predominate front yard setback which exceeds the minimum 20-foot front yard requirement. 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. The creation of the courtyard allows the property owner a • recreational use of his front yard. Resolution No. 2002-19 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 or create an appearance that is aesthetically incompatible with the surrounding properties. A tall fence will not be a visual and physical obstruction within the existing large prevailing front yard setback. 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 Land Use Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the 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 applicant is providing a 28-foot setback which exceeds by eight feet, the minimum front yard code requirement for the Single-Family Residence (R1) zoning district; 2. The applicant's willingness to reduce the fence height to five feet within the affected area; and 3. The area created is a decorative courtyard for which the wall and pilaster design is compatible and appropriate. E. In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption Environmental Review No. 02-243 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. 2002-04 as conditioned in Exhibit "A" attached hereto and incorporated herein. ADOPTED this 24~h day of July 2002. u Kenneth Adams Acting Zoning Administrator Resolution No. 2002-19 Page 2 of 3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney --_. ey: ~ Kylee Od, ~~~ Deputy Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2002-19 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on July 24, 20Q2. Date: ~ o ~ ~ ~"-~~'~'' Cler of the Z n Ci of Sa Ana Administrator Resolution No. 2002-19 Page 3 of 3