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D. Variance No. 2005-67 has been filed with the City of Santa Ana seeking to reduce the required building setback on Hutton Center Loop from 25 feet to 10 feet. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a Variance upon making certain findings. The Planning Commission determines that the findings necessary to grant the Variance have been established: 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. • The proposed setback reduction will allow the applicant the ability to create pedestrian linkages among the various land uses within Specific Development No. 76 (SD-76) and to create an "urban edge" design concept by providing reduced setback along Hutton Center Drive. The proposed setback reduction will be consistent with the setback approved for the MacArthur Place project. 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 setback variance will preserve the property owner's ability to develop the property within a well-designed project that is consistent with the SD- 76 zoning district. Upgrade architectural materials and landscape palette will be incorporated throughout the proposed project to compensate the reduced setbacks. 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 setback variance will not be materially detrimental to the public welfare or injurious to surrounding property. The reduced setback will be consistent with the adjacent MacArthur Place South project. Resolution No. 2006-001 Page 3 of 7