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• 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 General Plan of the City since the proposed private school has been designed in conformance with City Zoning, Development, and General Plan requirements. E. Variance No. 2007-12 has been filed with the City of Santa Ana seeking to allow an increase in height of the front yard fence from three (3) feet to six (6) feet and to allow the use of chain link fencing in the front yard as required by Santa Ana Municipal Code section 41-610. 1. 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, that 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. i There are special circumstances applicable to the subject property. The fencing for the site has been in place for several years and has incorporated landscaping to minimize visual impacts. The six-foot high fence and landscaping provide additional security to the site and act as a crime deterrent. Maintaining the six-foot high fence is necessary as it will allow the applicant to maintain a secure business establishment. ii. 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 will preserve the property owner's ability to operate a private school on the property that will be consistent with the intent of the Single-Family Residential 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. 2007-39 Page 4 of 10