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<br />KO - 01/10/05 <br /> <br />RESOLUTION NO. 2005-005 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA DENYING VARIANCE NO. 2004-12 SEEKING <br />TO ALLOW A 1 OO-FOOT TALL FLAGPOLE AT AN <br />EXISTING SERVICE STATION AT 617 EAST <br />SEVENTEENTH STREET (APPEAL NO. 2004-09) <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS <br />FOLLOWS: <br /> <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br /> <br />C. <br /> <br />D. <br /> <br />E. <br /> <br />A. <br /> <br />The applicant is requesting approval of Variance Permit No. 2004-12 to <br />allow a 100-foot tall flagpole at an existing service station at 617 East <br />Seventeenth Street. <br /> <br />Applicant is seeking a variance from Santa Ana Municipal Code Section <br />41-602(c)(2), which establishes a height limit of 35-feet for structures that <br />are located in the C5 zone and within 140-feet of any property zoned or <br />used for residential purposes. <br /> <br />1. As defined in the municipal code, a structure is "anything <br />constructed or erected which requires permanent location on the <br />ground, or attached to something having permanent location on the <br />ground, including signs and billboards". <br /> <br />The flagpole is over two times above the maximum allowable height <br />for this zone and is immediately adjacent to single-family <br />residences. <br /> <br />Variance No. 2004-12 came before the Planning Commission of the City <br />of Santa Ana for a duly noticed public hearing on October 25, 2004. The <br />Planning Commission, by a vote of by a vote of 5:2 (Lutz, Sinclair <br />opposed) voted to deny Variance No. 2004-12 based on the determination <br />that no overriding circumstances existed that warranted exceeding the <br />height limit and concerns about the flagpole being utilized as an additional <br />marketing tool for the service station. <br /> <br />The applicant appealed the Planning Commission's decision, Appeal No. <br />2004-09. On January 18, 2005, Variance No. 2004-12 (Appeal No. 2004- <br />09) came before the City Council of the City of Santa Ana for a duly <br />noticed public hearing. <br /> <br />Santa Ana Municipal Code Section 41-638 authorizes the City Council to <br />grant a variance upon making certain findings. The City Council <br /> <br />B. <br /> <br />2. <br /> <br />758-3 <br /> <br />Resolution No. 2005-xx <br />Page 1 of 4 <br />