HomeMy WebLinkAbout2001-62C7
RESOLUTION NO.2001-62
Kdo/11 /13/01
A RESOLUTION OF THE ZONING ADMINISTRATOR OF
THE CITY OF SANTA ANA DENYING MINOR EXCEPTION
NO 01-06 TO ALLOW RELIEF FROM THE FENCE HEIGHT
REQUIREMENT AT 804 NORTH BAKER 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 number 01-06 came before the Zoning Administrator of the
City of Santa Ana for a public hearing on December 13, 2001.
B. The Applicant is requesting approval of Minor Exception No. 01-06 to
construct afour-foot wrought iron fence in the front yard that exceeds the
'~ height allowance located at 804 North Baker Street.
C. The Zoning Administrator determines that In accordance with the California
Environmental Quality Act, the proposed project is exempt from further
review. Categorical Exemption Environmental Review No. 01-172 will be
filed for this project
D. The Zoning Administrator 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:
1. 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.
Resolution No. 2001-62
Page 1 of 3
• 2. That the granting of a minor exception 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 four-foot fence will, in and
of itself, not guarantee any greater enjoyment or protection
than which is permitted by code.
3. That the granting of a minor exception will not be materially
detrimental to the public welfare or injurious to surrounding property.
The granting of a minor exception may be detrimental or
injurious to the surrounding properties due to an appearance
that is aesthetically incompatible with the surrounding
properties. The taller fence may be detrimental to the overall
economic well being of the area by perpetuating an
appearance of needed security.
4. That the granting of a minor exception will not adversely affect the
General Plan of the City.
The requested 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.
Section 2. The Zoning Administrator of the City of Santa Ana after conducting
the public hearing hereby denies minor exception number 01-06.
ADOPTED this 12th day of December 2001.
Charles View
Zoning Administrator
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By:
Kyiee Od e
Deputy ' y Attorney
•
Resolution No. 2001-~;XX
Page 2 of 2
i
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the
attached Resolution No. 2001-62 to be the original resolution adopted by the Zoning
Administrator of the City of Santa Ana on December 12, 2001.
Date: o oz---
I of th ing Administrator
City of Santa Ana
•
~1
~J
Resolution No. 2001-62
Page 3 of 3