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is permitted within the Low Density Residential (LR-7) <br />designation. <br />F <br />Variance No. 2009-08 has been filed seeking a reduction in minimum lot <br />size for projects in the CR zoning District. <br />1. 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 or <br />surroundings, the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not <br />otherwise at variance with the intent and purpose of the <br />provisions of this chapter. <br />The size of the subject site creates a special <br />circumstance applicable to the property, as the <br />applicant is unable to purchase adjacent properties to <br />yield the required five acres for amixed-use project in <br />the Commercial Residential zoning district. The <br />adjoining parcels of land are single family residences <br />and are not for sale. Additionally, the proposed small <br />infill mixed-use project is a unique type of product that <br />has not been constructed in the city for several years. <br />Although the City's established mixed use standards <br />require a larger development site and greater lineal <br />dimensions, recent long-range planning projects near <br />the city's core have identified that a diverse set of <br />housing choices attracts an increasingly varied and <br />prosperous resident population. A range of building <br />types such as infill mixed-use projects provides the <br />diverse opportunity for a variety of incomes that is <br />necessary for the city's long-term viability. <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 a variance to reduce the minimum site <br />standards is necessary for the preservation and <br />enjoyment of the property right to develop the site. The <br />variance will allow the applicant to operate a permitted <br />use on the site and will comply with all setback, <br />parking, landscaping and associated development <br />standards. <br /> <br />Resolution No. 2009-058 <br />Page 3 of 8 <br />