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HomeMy WebLinkAbout2000-06GAS: 2/17/00 RESOLUTION NO.00-o6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 99-08 FOR RELIEF FROM THE LOT FRONTAGE REQUIREMENTS FOR A NEW MEDICAL BUILDING LOCATED AT 5102 WESTMINSTER AVENUE WHEREAS, this Commission held a public hearing on February 28, 2000, on Variance Application No. 99-08, for relief from the lot frontage requirement in the C 1 district, pursuant to Santa Ana Municipal Code Section 41-373. NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISION OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Commission finds and determines as follows: A. 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 provision of the chapter. The subject site is a rectangular shaped parcel and, due to its shape, does not meet the minimum lot frontage standard set forth in SAMC Section 41-373. The strict application of the zoning code would prevent development of the parcel thereby leaving two vacant lots landlocked between an existing commercial development and a residential property. Without the variance, the subject property would be denied privileges not otherwise at variance with the intent and purpose of the Code. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; Granting the variance would preserve the property owner's right to develop the landlocked vacant parcels that can meet the commercial development standards and the zoning code requirements with the exception of the lot frontage. The variance provides relief from the minimum lot frontage provision of the code and is necessary to preserve the applicant's property rights. 1 C. That the granting of a variance will not be materially detrimental to the public welfare or inj urious to surrounding property. The subject site meets the commercial development standards for circulation, parking and landscape setbacks. The proposed building coverage is 0.4, less than the 0.5 Floor Area Ratio designated for the General Commercial district. The proposed medical facility will provide a service to the community and the physical development of the site will meet zoning requirements, as well as local and State building codes. Based on the proposed development, it is anticipated that the project will not negatively impact the surrounding property. D. That the granting of a variance will not adversely affect the General Plan of the city. The proposed project is in compliance with the General Plan General Commercial designation land uses, and the proposed 0.4 lot coverage is less than the 0.5 Floor Area Ratio allowed for commercial development, therefore the project will not adversely affect the general plan. 2. Variance No. 99-08 is approved, as conditioned, based upon the aforementioned findings. 2 ADOPTED this 28 day ofFebruarx 2000, by the following vote: AYES: Commissioners Mondo, Solorio, Doughty, Verino, Cribb, and Richardson NOES: Commissioners None ABSENT: Commissioners Nalle ABSTENTIONS: Commissioners None ATTEST: Kenneth Adams Planning Manager Planning and Building Agency 3 APPROVED AS TO FORM: RESOLUTION NO. 00-06 FEBRUARY 28, 2000 PAGE 1 OF 1 Conditions of Approval Variance No. 99-08 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, Uniform Fire Code, California Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by the site plan review approval. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review approval. A. Planning Division 1. The applicant must comply in full with DP 98-106 and the VA 99-08 Exhibits. B. Police Department 1. Light standards cannot be located in landscape setbacks. 2. Windows must be listed on the City's approved product list. ATTACHMENT A