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HomeMy WebLinkAbout2014-053 - Approving Variance No. 2014-03ROH - 09/02/14 RESOLUTION NO. 2014 -053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2014 -03 AS CONDITIONED TO ALLOW A REDUCTION IN FRONT AND SIDE YARD SETBACKS FOR THE PROPERTY LOCATED AT 1732 WEST SECOND STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2014 -03 to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street. B. On July 14, 2014, the Planning Commission held a duly noticed public hearing and voted to continue the matter to allow the applicant to make revisions to the project. On July 28, 2014, the Planning Commission held another public hearing on the resubmitted project and voted to recommend that the City Council adopt a resolution approving Variance No. 2014 -03. C. On September 2, 2014, the City Council of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral, related to Variance No. 2014 -03. D. Variance No. 2014 -03 has been filed with the City of Santa Ana seeking to allow a reduction in front and side yard setbacks for the property located at 1732 West Second Street. Santa Ana Municipal Code Section 41 -638 authorizes the granting of a variance upon making certain findings: 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 provisions of this Chapter. Special circumstances exist related to the size of the property at 1732 West Second Street as the lot is 1,208 square feet or 20 percent smaller than the standard 6,000 square foot residential lots found in the neighborhood. In addition to the overall lot size, the lot width is approximately Resolution No. 2014 -053 Page 1 of 5 7 -feet narrower than a standard 50 -foot wide residential lot. While legally created, the reduction in both overall size and width creates a special circumstance that justifies the granting of the requested variance 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of a substantial property right as the reduced size and street frontage of the lot resulted in a condition where the existing structure was located within the required front and side yard setback area. As part of the proposed conversion of the existing structure, the applicant is removing a 5 -foot by 53 -foot portion along the eastern property line to comply with one of the side yard setbacks and associated building code requirements. To comply with the additional setback standards, the existing structure would need to be substantially modified to meet the front and street side yard setback requirements, which would render the existing structure infeasible to retain. The project has been redesigned to remove the proposed second dwelling unit, thus allowing for increased rear yard open space and the elimination of the need for a second variance for rear yard open space. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of this variance will not be detrimental to the public or surrounding properties. The structure proposed for conversion to residential use has existed on the property since 1983. The project has been designed to remove a 5- foot by 53 -foot section of the existing structure along the eastern property line to meet the setback standards found in the building code as well as meet the minimum side yard setback adjacent to the proposed single - family house at 1728 West Second Street. This modification addresses any potential impacts to the adjacent property by complying with the minimum side yard setbacks. The variance for a reduction in side yard setbacks on the street side does not affect surrounding properties as they are not directly adjacent to the reduced setback. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2014 -053 Page 2 of 5 The granting of this variance will not adversely affect the General Plan. The project has been re- designed to remove the second dwelling unit which makes the project consistent with Policies 3.5 and 2.10 of the Land Use Element, which support new development which is harmonious in scale and character with existing development in the area. The development of a single - family residence on this previously industrially used parcel also supports Policy 1.3 of the Housing Element which promotes a complementary mix of land uses that improves the character and stability of neighborhoods. E. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. This Class 3 exemption allows in -fill developments for the construction and location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2014 -07 will be filed for this project. Section 2. The City Council hereby approves Variance No. 2014 -03, as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated September 2, 2014, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 2nd day of September, 2014. APPROVED AS TO FORM: Sonia R. Carvalho Cit, as Resolution No. 2014 -053 Page 3 of 5 AYES: Councilmembers: Amezcua Benavides, Martinez, Pulido, Reyna, Sarmiento, Tinaiero (7) NOES: Councilmembers: None (00) ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2014 -053 to be the original resolution adopted by the City Council of the City of Santa Ana on September 2, 2014. Date: Zp—/� Clerk of the Council City of Santa Ana Resolution No. 2014 -053 Page 4 of 5 Exhibit "A" Conditions for Approval for Variance No. 2014 -03 Variance No. 2014 -03 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, the California Building Standards 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 this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. Any amendment to this variance must be submitted to the Planning Division for review. At this time, staff will determine if administrative relief is available or the variance must be amended. 2. Prior to plan check submittal, revise the second floor plan to increase the size of the proposed bathroom to be more consistent with the size of the master bedroom. 3. Prior to plan check submittal, provide a roof plan. With the removal of the second dwelling unit and conversion of the bedroom on the second floor to a walk -in closet, the roofline of the new garage should be extended to reduce the flat roof portion on the newly constructed garage. Resolution No. 2014 -053 Page 5 of 5