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LS 5.13.19 <br />RESOLUTION NO. 2019-19 <br />A RESOLUTION OF THE PLANNING COMMISSION OF <br />THE CITY OF SANTA ANA DENYING APPEAL NO. 2019- <br />01 TO NOT ALLOW A FOUR -FOOT -HIGH FRONT YARD <br />FENCE AT THE PROPERTY LOCATED AT 1105 SOUTH <br />FLINTRIDGE DRIVE <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. Jimmy Ly ("Appellant') is requesting approval of Appeal No. 2019-01 to <br />overturn the denial of Minor Exception No. 2019-02 to allow the construction <br />of a four (4) foot high fence within the front yard setback area of the property <br />located at 1105 South Flintridge Drive, a non -arterial street. <br />B. Pursuant to Santa Ana Municipal Code ("SAMC") Section 41-610(a), <br />approval of a minor exception is required to allow a fence higher than <br />three (3) feet if a property is located on a non -arterial street. <br />C. Minor Exception No. 2019-02 came before the Zoning Administrator of the <br />City of Santa Ana on April 10, 2019, for a duly noticed public hearing. <br />D. For Minor Exception No. 2019-02, the Zoning Administrator of the City of <br />Santa Ana determined that the following finding has not been established <br />and therefore denied the minor exception: <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, <br />that the strict application of the zoning ordinance is found to deprive <br />the subject property of privileges not otherwise at variance with the <br />intent and purpose of the provisions of this Chapter. <br />There are no special circumstances applicable to the subject property <br />where the interpretation of the zoning ordinance would deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provisions of the zoning code. The property is <br />6,600 square feet in size, which exceeds the minimum lot size in the <br />City by 600 square feet. Further, the lot is rectangular in shape and <br />does not contain any encumbrances or restrictions that would limit <br />development on the site. Since the property is larger than a typical lot <br />and has a shape consistent with other lots in the City, there are no <br />unique circumstances related to size or shape that warrant a taller <br />perimeter fence. <br />Resolution No. 2019-19 <br />Page 1 of 3 <br />