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D. Variance No. 2008-19 has been filed with the City of Santa Ana seeking to • allow the new structure to exceed the 15-foot height limit along the north and west property lines where the building is adjacent to residential used property. Per Section 41-370 of the Santa Ana Municipal Code, no part of a building above the first fifteen (15) feet in height may be located within twenty (20) feet of the vertical plane of a rear lot line if the lot is contiguous to residentially zoned or used property on the rear. The applicant's proposal includes a new retail building that will be 19 feet, six inches in height, and adjacent to an apartment complex to the north and west. 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. There are special circumstances applicable to the subject property. The site was reduced in size due to a recent street widening project along Main Street. • Due to this acquisition, and the need to comply with on-site circulation standards, the placement of the building has been limited to the north portion of the lot adjacent to the carports of the surrounding residential uses. As a result, the height variance is necessary to allow the applicant the ability to use the property in a manner consistent with similar surrounding uses. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary to preserve the property owner's ability to develop the property with awell-designed service station that is consistent with the intent of the Arterial Commercial zoning district. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. • Resolution No. 2008-29 Page 3 of 9