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iv. That the granting of a variance will not adversely affect the <br />General Plan of the City. <br />The granting of the variance will not adversely affect <br />the General Plan of the City since the proposed <br />private school has been designed in conformance <br />with City Zoning, Development, and General Plan <br />requirements. <br />E. Variance No. 2007-12 has been filed with the City of Santa Ana seeking to <br />allow an increase in height of the front yard fence from three (3) feet to six <br />(6) feet and to allow the use of chain link fencing in the front yard as <br />required by Santa Ana Municipal Code section 41-610. <br />1. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, that the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this Chapter. <br />There are special circumstances applicable to the <br />subject property. The fencing for the site has been in <br />place for several years and has incorporated <br />landscaping to minimize visual impacts. The six-foot <br />high fence and landscaping provide additional <br />security to the site and act as a crime deterrent. <br />Maintaining the six-foot high fence is necessary as it <br />will allow the applicant to maintain a secure business <br />establishment. <br />That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The granting of the variance will preserve the property <br />owner's ability to operate a private school on the <br />property that will be consistent with the intent of the <br />Single-Family Residential zoning district. <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />Resolution No. 2007-39 <br />Page 4 of 10 <br />31 B-13 <br />