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Resolution No. 2021-XXX <br />Page 1 of 7 <br />RESOLUTION NO. 2021-XXX <br /> <br />A RESOLUTION OF THE ZONING ADMINISTRATOR OF <br />THE CITY OF SANTA ANA APPROVING MINOR <br />EXCEPTION NO. 2021-02 AS CONDITIONED TO ALLOW <br />CONSTRUCTION OF A SEVEN-FOOT HIGH FRONT <br />YARD FENCE ON THE PROPERTY LOCATED AT 1201 <br />EAST FOURTH STREET <br /> <br />BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, <br />determines, and declares as follows: <br />A. Mike Rowland representing Chilly Willy Desserts (“Applicant”) is requesting <br />approval of Minor Exception No. 2021-02 to allow the construction of a <br />seven-foot high fence in the required front-yard setback at the property <br />located at 1201 East Fourth Street. <br />B. Pursuant to Santa Ana Municipal Code (“SAMC”) Section 41-632(a)(3)(i), <br />approval of a minor exception is required to allow construction of a fence <br />taller than four (4) feet along an arterial street in the front-yard setback if a <br />property is zoned Urban Neighborhood 2 under the Transit Zoning Code <br />(SD-84). <br />C. Minor Exception No. 2021-02 came before the Zoning Administrator of the <br />City of Santa Ana on October 20, 2021, for a duly noticed public hearing. <br />D. For Minor Exception No. 2021-02, the Zoning Administrator of the City of <br />Santa Ana determines that the following findings have been established <br />as required by SAMC Section 41-638(a)(2): <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, <br />the strict application of the zoning ordinance is found to deprive the <br />subject property of privileges not otherwise at variance with the intent <br />and purpose of the provisions of this chapter. <br />There are special circumstances applicable to the subject property <br />related to the location and surroundings. The industrial building is <br />located along Fourth Street, an arterial street, adjacent to other <br />industrial uses. Additionally, because of the industrial nature of the <br />area, other properties provide safety fencing along the perimeters to <br />increase the security of the site and its occupants. The site has <br />operated as an industrial use since 1946 with several processing and <br />manufacturing uses. However, in 2020, Chilly Willy Desserts <br />submitted an application to operate a dessert business, and since