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D. Variance No. 2008-19 has been filed with the City of Santa Ana seeking to <br />allow the new structure to exceed the 15-foot height limit along the north <br />and west property lines where the building is adjacent to residential used <br />property. Per Section 41-370 of the Santa Ana Municipal Code, no part of <br />a building above the first fifteen (15) feet in height may be located within <br />twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous <br />to residentially zoned or used property on the rear. The applicant's <br />proposal includes a new retail building that will be 18 feet, six inches in <br />height, and adjacent to an apartment complex to the north and west. <br />Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />i. 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 />There are special circumstances applicable to the <br />subject property. The site was reduced in size due to <br />a recent street widening project along Main Street. <br />Due to this acquisition, and the need to comply with <br />on-site circulation standards, the placement of the <br />building has been limited to the north portion of the lot <br />adjacent to the carports of the surrounding residential <br />uses. As a result, the height variance is necessary to <br />allow the applicant the ability to use the property in a <br />manner consistent with similar surrounding uses. <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 granting of the variance is necessary to preserve <br />the property owner's ability to develop the property <br />with swell-designed service station that is consistent <br />with the intent of the Arterial Commercial zoning <br />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. 2008-34 <br />Page 3 of 9 <br />31 E-17 <br />