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privileges not otherwise at variance with the intent and • purpose of the provisions of this chapter. Special circumstances are applicable to the subject site that necessitates a landscaping variance for the project. The existing buildings were built in compliance with code at the time of their construction, with a front yard setback ranging from five to 10 feet and a zero rear yard setback. The requirement of setbacks to code would result in the loss of approximately 350 square feet of building area and 47 parking stalls, which would adversely affect the existing tenants in the center. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The landscaping variance is necessary to preserve property rights as the owners will be constructing a new building on a vacant lot and will be providing an additional retail amenity to the surrounding community. iii. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance for a reduction in landscaping will not be detrimental to the area as the setbacks for the new building will be in compliance with code. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of General Commercial (GC) allows the construction of retail buildings. D. Minor Exception No. 2007-04 has been filed with the City of Santa Ana seeking to reduce the minimum required off-street parking as required by Sections 41-1340 through 41-1342 of the Santa Ana Municipal Code from 257 off-street parking spaces to 208 off street parking spaces which is a nineteen (19%) percent parking minor exception. i Resolution No. 2007-41 Page 2 of 10