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FULL PACKET_2005-05-02
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FULL PACKET_2005-05-02
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1/3/2012 4:55:41 PM
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4/27/2005 10:38:27 AM
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<br />Variance No. 2004-18 <br />February 28, 2005 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise <br />at variance with the intent and purpose of the provisions of this <br />chapter. <br /> <br />There are no special circumstances applicable to the subj ect <br />site that necessitates a reduction of on-site parking for the <br />Santa Ana Downtown Plaza. The commercial center is situated <br />on a flat, rectangular parcel of land with adequate vehicular <br />access. Similar commercial centers have constructed <br />expansions that are in compliance with the City's parking <br />code. Therefore, the strict application of the zoning code <br />would not deprive the subject property of privileges. <br /> <br />B. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The variance for reduction of required on-site parking stalls <br />is not necessary for the preservation of property rights as <br />the Santa Ana Downtown Plaza will maintain the ability to <br />operate all existing uses under the City's non-conforming use <br />regulations. In addition, should restaurant or medical use <br />tenants transition to retail tenants, the center would be able <br />to expand the buildings as it would be able to provide the <br />required number of parking stalls. <br /> <br />C. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br /> <br />The granting of a variance to reduce the required on-site <br />parking will be detrimental to the public welfare or injurious <br />to the surrounding properties by exacerbating the lack of <br />parking in the area. <br /> <br />EXHIBIT 7 <br /> <br />758-31 <br />
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