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RS/k 3-21-77 RESOLUTION NO. 77- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AFFIRMING THE ACTION PLANNING COMMISSION ON VARIANCE APPLI- CATION NO. 76-57 AND APPROVING SAID VARIANCE APPLICATION. WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on February 22, 1977, on the action taken by the Planning Commission in approving Variance Application No. 76-57; and WHEREAS, prior to taking action on said Variance Application, this Council has reviewed and considered the information set forth in Environmental Impact Report 76-5 and approved said document as the final environmental impact report for the project proposed; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. That based on such public hearing and the oral and documentary evidence submitted therein and the information set forth in Environmental Impact Report 76-5, the City Council does hereby affirm the action of the Planning Commission on Variance Application No. 76-57 and does hereby approve said Variance Application. 2. That the City Council adopts as its findings of fact for approval of Variance Application No. 76-57 that certain "Revised Finding of Fact, Variance Application No. 76-57" prepared and submitted by the Planning Commission, on file in the office of the Clerk of the Council and incorporated herein as though fully set forth, and, further, makes the following specific findings: (a) 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 pur- pose of the provisions of Chapter 41 of the Santa Aha Municipal Code, to wit: the property is irreg- ularly shaped; it is surrounded by numerous and diverse uses including single family residences, a church and vacant property, apartments, a duplex and commercial uses; the subject property is variously zoned R-1 (single family residences), R-2 (multiple family residences), C-4 (planned shopping center), C-5 (arterial commercial); and there are no comparable applications or circumstances in the area. (b) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights; in that, since present multiple zoning deprives the property of the ability to be developed as a single integrated use, the variance will allow orderly and integrated development of the property. (c) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. ~1-