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• D. Variance No. 2008-02 has been filed with the City of Santa Ana seeking to <br />reduce the front yard landscaping from the required fifteen (15) feet to <br />three (3) feet as required by Section 41-368 of the Santa Ana Municipal <br />Code. <br />E. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of provisions of this Chapter. <br />The proposed reduction in the front yard setback will allow <br />the applicant the ability to operate a restaurant in a vacant <br />building. The removal of building area to comply with code <br />would be a hardship on the applicant as critical seating <br />areas would be reduced. <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />The granting of the setback variance will preserve the <br />property owner's ability to establish a use that is consistent <br />with the North Harbor Specific Plan (SP-2) zoning district <br />and with a project that is consistent with the goals and <br />policies of the General Plan. A condition of approval is <br />incorporated that will require enhanced landscaping on the <br />site to mitigate the reduced setback. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the setback variance will not be detrimental <br />to the public welfare or injurious to surrounding property. <br />The proposed project will be brought into compliance with all <br />other provision of the Municipal Code, including parking, <br />signage and landscaping. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The granting of the variance will not adversely affect the <br />General Plan of the City as restaurants are permitted in the <br />General Commercial (GC) General Plan land use <br />• designation. Further, the proposed building is consistent <br />Resolution No. 2008-11 <br />Page 3 of 9 <br />