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RESOLUTION 65-10 OVERRULING THE DECISION OF THE PLANNING COmmISSION AND GRAN%'ING A VARIANCE ON APPLICATION NO. 2004 FILED BY JACK DAVIS, SUBJECT TO CONDITIONS WXqEREAS, after hearing on notice, the Planning Commission DENIED a variance on Variance Application No. 2004, filed by JACK DAVIS, and Appeal Application No. 137 was duly filed by the appli- cant presenting the matter to the City Council; and W~EREAS, the City Council, after public hearing on notice, has determined that said Variance Application mee~s the requirements of Section 9250.8 of the Santa Ana l~lunicipal Code, that the decision of the Planning Commission should be overruled, and that said Variance should be granted, subject to applicable conditions. NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Santa Ana does hereby overrule the decision of the Planning Commission and does hereby grant a variance on Variance Application No. 2004 to permit the construction of a commercial building with retail sales and general offices at 1430 East Seventeenth Street, Santa Ana, California, in an R-1 District. Said Variance is granted subject to the following conditions: 1. k~at the Linwood Avenue building setback be increased to 15 feet. e 'l~at the six (6) foot high solid masonry wall be waived and the building be located 2.5 feet from the south property line and that trees and shrubs, etc. be planted and maintained in the remaining 2.5 feet of yard area. The six (6) foot wall and the building wall for all practical purposes duplicate each other in function while not contributing or adding aestheti- cally to either property. The building modification with respect to floor area will offset one another, except for 30 square feet that would be lost by such a change. That six (6) inch concrete curb or bumper guards be constructed on the north property line where off-street parking spaces 13 and 14 are to be located. 4. %~at development be according to plot plan except for minor modifications approved by the Planning Department. Se That a landscaping plan be submitted to and approved by the Planning Department; said landscaping shall be implemented and maintained. 'i~nat the compressor be located on the roof, below the parapet, so as to be inconspicuous and not annoying to surrounding or adjacent residences. 7. That the following conditions be complied with prior to the issuance of a building permit: That the subdivider's engineer furnish the Department of Public Works a final grading plan including existing elevations along the property lines. That an easement be provided for Seventeenth Street for a width of 52 feet, center line to property line, for street purposes and vehicular access rights except at street intersections and to include a 25 foot property line spandrel at the southwest corner of Seventeenth Street and Linwood Avenue. NOTE: Access can be determined and approved prior to dedication. NOTE: Dedication shall be initiated by owner, through the Department of Public Works, at least two weeks prior to application for a building permit to avoid delay.