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<br />Variance No. 2005-55 (setbacks) <br />November 14, 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, that the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br /> <br />A minimum 10-foot landscaped buffer is required along Edinger <br />Avenue per Section 41-280 of the Santa Ana Municipal Code. Due <br />to the configuration of the units along Edinger Avenue and an <br />attempt at creating a varied street presence, the applicant is <br />requesting a three-foot relief from the code on two of the <br />units. The two units will have entrances directly accessible <br />from Edinger Avenue providing architectural interest at the <br />street level. Due to the layout and configuration of the <br />clustered townhome concept, it would be difficult to <br />accommodate the 10 feet requirement at this location. <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 granting of the setback variance will preserve the <br />applicant's ability to develop the property as a well-designed <br />townhome community that is consistent with the Two-Family <br />Residence (R2) zoning district. A proj ect that has a direct <br />relationship to the street with a varied setback along Edinger <br />Avenue will provide visual interest to the project site. <br />Upgraded architectural materials and landscape palette will be <br />incorporated throughout the proposed John Laing Homes <br />development to compensate for the reduction in setbacks. <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 the setback variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. Mitigated Negative Declaration No. 2004-198 <br />identified any potential or adverse impacts will be mitigated <br />through mitigation measures identified in the document. <br /> <br />t!B!~ <br />