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privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />Special circumstances are applicable to the subject <br />site that necessitates a landscaping variance for the <br />project. The existing buildings were built in <br />compliance with code at the time of their construction, <br />with a front yard setback ranging from five to 10 feet <br />and a zero rear yard setback. The requirement of <br />setbacks to code would result in the loss of <br />approximately 350 square feet of building area and 47 <br />parking stalls, which would adversely affect the <br />existing tenants in the center. <br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The landscaping variance is necessary to preserve <br />property rights as the owners will be constructing a <br />new building on a vacant lot and will be providing an <br />additional retail amenity to the surrounding <br />community. <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 granting of the variance for a reduction in <br />landscaping will not be detrimental to the area as <br />the setbacks for the new building will be in <br />compliance with code. <br />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 City's General Plan in any way as the land use <br />designation of General Commercial (GC) allows the <br />construction of retail buildings. <br />D. Minor Exception No. 2007-04 has been filed with the City of Santa Ana <br />seeking to reduce the minimum required off-street parking as required by <br />Sections 41-1340 through 41-1342 of the Santa Ana Municipal Code from <br />257 off-street parking spaces to 208 off street parking spaces which is a <br />nineteen (19%) percent parking minor exception. <br />Resolution No. 2007-41 <br />Page 2 of 10 <br />31C-38 <br />