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LS 10.8.18 <br />RESOLUTION NO. 2018-35 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA APPROVING VARIANCE NO. <br />2018-10 AS CONDITIONED TO ALLOW FOR REDUCED <br />YARDS FOR A SERVICE STATION AT 325 NORTH <br />TUSTIN AVENUE <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. Applicant, Richard Finkel, representing Russell Fischer LP, is requesting <br />approval of Variance No. 2018-10 as conditioned, to allow for reduced <br />front and street side yards for a service station and convenience store at <br />325 North Tustin Avenue. <br />B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a <br />15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 <br />foot minimum street side yard. The Applicant is proposing front and side <br />yards that are 5 feet, 6 inches. <br />C. Pursuant to SAMC Section 41-638, the Planning Commission is <br />authorized to review and approve the variance for this project as set forth <br />by the Santa Ana Municipal Code. <br />D. On October 8, 2018, the Planning Commission held a duly noticed public <br />hearing for Variance No. 2018-10. <br />E. The Planning Commission of the City of Santa Ana has considered the <br />information and determines that the following findings, which must be <br />established in order to grant Variance No. 2018-10, for reduced yards, <br />have been established as required by SAMC Section 41-638: <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br />There are special circumstances related to the property <br />being a corner lot, required street dedications, the proposed <br />use and existing on-site improvements. An 8 -foot dedication <br />is required along Fourth Street and a 2 -foot dedication is <br />required along Tustin Avenue therefore reducing the usable <br />Resolution No. 2018-35 <br />Page 1 of 7 <br />