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REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 18, 2005 TITLE: PUBLIC HEARING - APPEAL NO. 2004-09 (VARIANCE NO. 2004-12) TO PERMIT THE CONSTRUCTION OF A 100-FOOT TALL FLAGPOLE AT 617 EAST SEVENTEENTH STREET - STEVEN KRIEGER, APPLICANT APPROVED o As Recommended o As Amended o Ordinance on 151 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For {]~a~. CITY MANAGER CONTINUED TO 4J FILE NUMBER RECOMMENDED ACTION 1. Deny Appeal No. 2004-09. 2. Adopt a resolution denying Variance No. 2004-12. PLANNING COMMISSION ACTION On October 25, 2004, the Planning Commission denied Variance No. 2004-12 by a vote of 5:2 (Lutz, Sinclair opposed) to allow a 100-foot tall flagpole at an existing service station at 617 East Seventeenth Street (Exhibit A) . DISCUSSION The Planning Commission held a public hearing to review a proposed 100- foot tall flagpole at an existing service station at 617 East Seventeenth Street. This request required approval of a variance for exceeding the 35-foot height limit in the Arterial Commercial (C5) zoning district. At the conclusion of the hearing, the Commission denied the variance request based on the determination that no overriding circumstances existed that warranted exceeding the height limit and concerns about the flagpole being utilized as an additional marketing tool for the service station. The applicant is appealing the Planning Commission's decision to deny Variance No. 2004-12 (Exhibit B). The applicant contends that because of the site's physical constraints, it requires a 100-foot flagpole to be able to properly display and view the American flag from the surrounding areas. Additionally, the applicant feels that the proposed flagpole would not set a precedent for future requests of 100-foot tall flagpoles or have a negative aesthetic impact either to the immediate residential vicinity or the City of Santa Ana. 758-1