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1. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a Variance upon making certain findings. The <br />Planning Commission determines that the findings necessary to <br />grant the Variance have been established: <br />That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location, <br />or surroundings, the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />Due to restricted size of the parcel, combining the <br />parking spaces and loading area allows the applicant <br />the ability to develop a 683 square foot convenience <br />store. Due to the reduced size of the convenience <br />store and the fact that this is an ancillary use to the <br />service station, the delivery of goods is anticipated to <br />be infrequent and will not impact the site. <br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />• The granting of a variance to waive the loading area <br />is necessary for the preservation of the applicant's <br />right to develop the site with a retail use, which is <br />permitted by right. Since the retail use is ancillary to <br />the service station and most customers using the <br />convenience store will park their vehicle by the fuel <br />dispensers, requiring a parking stall and a loading <br />area creates an unnecessary burden for a size <br />restricted site. <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />The granting of the variance to waive the <br />loading/unloading area will not be detrimental to the <br />public welfare or injurious to surrounding properties. <br />Conditions of approval, such as restricting all <br />loading/unloading operations to occur on site where <br />possible congestion can be monitored by the queuing <br />intrusion monitoring program, restricting the sales of <br />alcoholic beverages to keep the deliveries at a <br /> <br />Resolution No. 2005-63 <br />Page 3 of 7 <br />