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KO-1 /8/09 <br />RESOLUTION NO. 2009-02 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE <br />CITY OF SANTA ANA APPROVING VARIANCE NO. 2008-21 <br />AS CONDITIONED TO ALLOW A REDUCTION IN THE <br />FRONT YARD SETBACK FROM TWENTY FEET TO TEN <br />FEET AND AMEND CONDITIONAL USE PERMIT NO. 64- <br />172 AS CONDITIONED TO ALLOW A CHILD CARE <br />FACILITY FOR THE PROPERTY LOCATED AT 1021 NORTH <br />NEWHOPE STREET <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The City Council of the City of Santa Ana hereby finds, determines <br />and declares as follows: <br />A. The Applicant is requesting approval of Variance No. 2008-21 and <br />amendment to Conditional Use Permit No. 1964-172 to allow the <br />construction of amulti-purpose building for a child care facility located at <br />1021 North Newhope Street. <br />B. Variance No. 2008-21 and the amendment to Conditional Use Permit No. <br />64-172 to allow a child care facility came before the Planning Commission <br />of the City of Santa Ana for a duly noticed public hearing on January 12, <br />2009. <br />C. Variance No. 2008-21 has been filed with the City of Santa Ana seeking to <br />reduce the required front yard setback from twenty (20) feet to ten (10) feet. <br />1. Santa Ana Municipal Code Section 41-234 requires a minimum of <br />twenty (20) feet of front yard setback in the R1 zoning district. <br />2. Santa Ana Municipal Code Section 41-638 authorizes the City <br />Council 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 provisions of this Chapter. <br />Resolution No. 2009-02 <br />Page 1 of 8 <br />31 A-12 <br />