2003-080 - Approving Variance No. 2003-03

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Appeal No. 2003-05 was filed by several neighbors appealing the Planning Commission's decision on Variance No. 2003-03 to the City Council Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. The development project has special circumstances that warrant the granting of a variance. The demolition of the former structure was necessary due to extensive termite damage to the raised floor and to provide a two-story home similar to others on the block. Building permit records indicate the front and side setbacks to have been 41-feet and 4-feet, respectively. A reduction from the previous 4- foot side yard setback to 3-feet 1-inch and the front yard setback of 44-feet 6-inches from the front property line would not be intrusive or detract from the character of the neighborhood. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to continue with construction of a single-family residence in a single-family neighborhood. The development of a single- family residence with a 44-feet 6-inch front yard setback and 3-feet 1-inch side yard setback will respect and continue the unusual setbacks found throughout the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties, which offer a variety of residential designs and architecture. The encroachment into the prevailing front yard setback and side yard will not have a significant impact on the existing neighborhood character and will provide architectural design that will enhance the area. The Land Use Element's Policy 3.1 states to support development which provides a positive contribution to neighborhood character and identity, a new single-family residence with a 44-feet 6-inch front yard setback addresses this policy. Goal 2.7 of the Urban Design Resolution No. 2003-080 Page 2 of 5