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TJ-10/07/08 RESOLUTION NO. 2008-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-18 AS CONDITIONED TO ALLOW A REDUCTION IN THE REQUIRED LANDSCAPE SETBACKS AND VARIANCE NO. 2008-19 AS CONDITIONED TO ALLOW A BUILDING THAT EXCEEDS THE HEIGHT STANDARDS BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Variance No. 2008-18 to allow a reduction in the required landscaped setbacks and Variance No. 2008-19 to allow a building that exceeds the height standards for the construction of a new 2,350 square foot service station at the property located at 3414 South Main Street. B. Variance No. 2008-18 and Variance No. 2008-19 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on October 13, 2008. C. Variance No. 2008-18 has been filed with the City of Santa Ana seeking to reduce the required landscaping setback as required by Section 41-372 of the Santa Ana Municipal Code. Per Section 41-372, a landscaped area not less than fifteen (15) feet wide shall be maintained along any property line to the extent it abuts a street, except at approved driveways. The applicant is proposing to reduce the landscaping setback from the required fifteen (15) feet to ten (10) feet. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. Resolution No. 2008-34 Page 1 of 9 31 E-15