HomeMy WebLinkAbout2002-03•
RESOLUTION NO. 2002-03
Kdo/2/20/02
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SANTA ANA DENYING VARIANCE
NO. 2002-02 FOR THE PROPERTY LOCATED AT 1211-
1219SOUTH MAIN STREET
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. Variance No. 2002-02 came before the Planning Commission of the City of Santa
Ana for a duly noticed public hearing on February 25, 2002.
B. Applicant is requesting a variance from the Santa Ana Municipal Code Section 41-
531, inorder toallow asix foot high wrought iron fence in the required front yard
landscaped setback at 1211-1219 South Main Street.
• C. The Planning Commission determines that the following findings, which must be
established in order to grant a variance from the provisions of the Santa Ana
Municipal Code, have not 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 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 typical lot with no unique site features that warrants
a fence above 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 variance should not significantly impact the rights
of the property owners to enjoy the use of their property. The
construction of a fence within the front yard will, in and of itself, not
guarantee any greater enjoyment or protection than which is
• permitted by code. Any revisions to the current building openings
will not result in any nonconformity with safety requirements.
Resolution No. 2002-03
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 variance may be detrimental or injurious to the
surrounding properties due to an appearance that is aesthetically
incompatible with neither the surrounding properties nor the direction
of the recently adopted South Main district.
4. That the granting of a variance will not adversely affect the General Plan of
the City.
The requested variance will not adversely affect the General Plan,
as it does not have a negative impact on the goals and policies
expressed in that document.
D. In accordance with the California Environmental Quality Act, Categorical Exemption
Environmental Review No. 2001-35 will be filed for this project.
Section 2. After conducting the public hearing, the Planning Commission hereby
denies Variance No. 2002-02.
ADOPTED this 25~ day of February 2002 by the following vote:
• AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTENTIONS: Commissioners
Cribb, Doughty, Mondo, Richardson (4)
Leo, Nalle, Verino (3)
None (0)
None (0)
9
L-
~ ~~
Alexa der Nalle
_ Chairperson
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kylee ette
Dep City Attorney
Resolution No. 2002-03
Page 2 of 3
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached
Resolution No. 2002-03 to be the original resolution adopted by the Planning Commission of the
City of Santa Ana on February 25, 2002.
Date: a i'
PI Wing Com ' sion Secretary
City of Sa Ana
•
U
Resolution No. 2002-03
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