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Extension of Variance No. 2003-04 December 19, 2005 Page 2 of the building will meet the 15-foot front and side yard setback requirement. Lastly, a total of seven parking stalls are required and provided (Exhibits 3 and 4) . Analysis of the Issues On November 17, 2003, the City Council approved Variance No. 2003-04 to allow the construction of a 2,277 square foot office building. A variance was required to allow for the reduction of the rear yard setback. The applicant submitted an extension request in October to the Planning Division as the variance was set to expire on November 17, 2005, and permits have not been issued for the construction of the proposed building (Exhibit 5). Section 41-647 of the Santa Ana Municipal Code (SAMC) provides that a variance is void after two (2) years from the approval date if the owner fails to erect or build as specified by the variance. Section 41-647 of the SAMC allows the applicant to request an extension for the variance. The City Council may by resolution extend the variance by no more than a total of three (3) years past the expiration date. The applicant is continuing with the preparation of the construction plans and is interested in extending the variance for another year. The applicant wishes to construct an energy efficient, "green building" and has had limited success finding materials and a suitable building contractor. Additionally, the building plan check process has taken more time than expected. Staff has supported similar requests in the past. As a result, it is recommended that the variance for the office building be extended for an additional one year. ENVIRONMENTAL IMPACT In accordance with Section 15061 of the California Environmental Quality Act, the proposed action is not subject to CEQA. FISCAL IMPACT There is no fiscal impact associated with this action. M. Trevino Ex cutive Director Panning & Building Agency CR:rb cr\reportS\VA03-04.time.cc 31A-2