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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, 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 />Special circumstances exist in that this lot is a legally <br />created remnant parcel resulting from the widening of <br />the I-5 Freeway. Prior to the I-5 widening, this lot was <br />a 9,029.5 square foot trapezoidal shaped parcel. As <br />a result of the I-5 widening, this parcel was <br />substantially reduced in area, but has retained its R-1 <br />zoning and LR-7 General Plan land use designation. <br />The property is unable to increase its square footage <br />as it is bounded by the I-5 Freeway to the north and <br />an existing single-family residence to the south. <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 this variance would allow the property <br />owner the opportunity to develop this site with a high <br />quality single-family residence. Not allowing this <br />variance would likely result in the property remaining <br />vacant which is in contrast to Policy 4.1.6 of the <br />Housing Element of the General Plan which <br />encourages development of vacant or underutilized <br />parcels for residential purposes. <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 />The proposed single-family dwelling will have no <br />detrimental impacts on the surrounding properties or <br />neighborhood. The lot is being developed with an <br />appropriately sized and scaled single-family residence <br />that will harmoniously blend with the primarily <br />residential character of the neighborhood. The <br />residence has maintained all of the required setbacks <br />in order to follow the existing residential development <br />Resolution No. 2007-36 <br />Page 2 of 12 <br />31 B-15 <br />