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289 RESOLUTION NO. 98-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE APPLICATION NO. 98-06 TO ALLOW VARIANCES FOR A REDUCTION IN THE REQUIRED SIDE YARD SETBACK AND PARKING FOR THE SAINT JOSEPH BALLET STUDIO LOCATED AT 1818 NORTH MAIN STREET WHEREAS, Santa Ana Municipal Code Section 41-638 provides for granting a variance from the provisions of the Santa Ana Municipal Code; and WHEREAS, the applicant is seeking a variance from Santa Ana Municipal Code Section 41-369 to allow a reduction in the side yard setback and a variance from Santa Aha Municipal Code Section 41-1300 to allow a reduction in the required parking for the St. Joseph Ballet Studio located at 1818 North Main Street; and WHEREAS, this Council held a public hearing on August 3, 1998, on Variance Application No. 98-06. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the abovesaid hearing this Council finds and determines as follows: ao 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 purpose of the provisions of this chapter. Due to the relative size, shape and location of the lot, St. Joseph Ballet Company is unable to provide any required on site parking. However, the variances, as conditioned, will allow the ballet studio to build to a size that meets the future needs of the community and take advantage of the surplus parking immediately adjacent to the site while keeping with the intent and purpose of the land use designation and this Code. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights;