99-008 - Approving Variance No. 98-12

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1/13/99 RESOLUTION NO. 1999-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 98-12, TO ALLOW RELIEF FROM THE SCREENING REQUIREMENTS FOR ROOF MOUNTED MECHANICAL EQUIPMENT ON THE DISCOVERY SCIENCE CENTER LOCATED AT 2500 NORTH MAIN STREET WHEREAS, Santa Aha Municipal Code Section 41-638 provides for the granting of a variance from the provisions of the Santa Aha Municipal Code; and WHEREAS, this Council held a public hearing on December 21, 1998 on Variance Application No. 98-12, to allow a variance from Santa Aha Municipal Code Section 41-622 for roof mounted mechanical equipment on the Discovery Science Center, located in Specific District 65 (SD-65). 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: 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; Requiring strict compliance with the Code regarding the screening of roof mounted mechanical equipment would cause the applicant to essentially place four small screens in front of each unit, thereby detracting from the architectural prominence of the building exterior. Moreover, the evidence introduced at the hearing demonstrates that Phase II of the project will eliminate the exposed mechanical equipment. Based on the aforementioned, the strict application of Section 41-622 to the project would deprive the subject property of privileges not otherwise at variance with Chapter 41 of the Code. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; 1