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<br />H. Santa Ana Municipal Code Section 41-286(a) requires a minimum of 40 <br />percent of living area to be accessible from the ground level. The <br />applicant is requesting Variance No. 2005-56 for relief from this code <br />requirement. The City Council determines that for Variance No. 2005-56, <br />the following findings, which must be established pursuant to Santa Ana <br />Municipal Code Section 41-638 in order to grant a variance from the <br />provisions of the Santa Ana Municipal Code, have been established: <br /> <br />1. 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 of 40 percent of living area is required on the <br />ground level per the City's townhome standards, Given that <br />the proposed town home product includes two-car enclosed <br />garages for each homeowner, there is not enough floor <br />space within the site to provide 40 percent of floor space on <br />the ground level. Although a majority of units will contain a <br />living area on the ground level, ten of the units will be <br />accessed via a landing to the primary living areas on the <br />second and third floors, It is not anticipated that lack of 40 <br />percent living area on the ground floor for each unit will <br />affect the aesthetic or functional quality of the project. <br /> <br />2. 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 variance for access will preserve the <br />applicant's ability to develop the property as a well-designed <br />town home community that is consistent with the Two-Family <br />Residence (R2) zoning district. In order to satisfy the needs <br />of the prospective buyers and the City requirement for an <br />enclosed two-car garage per unit, the majority of the living <br />area for each townhome will be on the second and third <br />floors. In order to ensure that the visual quality of the project <br />is preserved, all staircases for the proposed project are <br />enclosed within the individual units and each townhome will <br />be directly accessible and visible from the street. <br /> <br />3, That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of the variance for access will not be materially <br />detrimental to the public welfare or injurious to surrounding <br /> <br />758-66 <br />