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Koo-9/8/03 <br />RESOLUTION NO. 2003-33 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE <br />CITY OF SANTA ANA APPROVING VARIANCE NO. 2003-03 <br />TO ENCROACH INTO THE SIDE YARD AND THE <br />PREVAILING FRONT YARD SETBACK FOR THE <br />PROPERTY LOCATED AT 1811 NORTH HELIOTROPE <br />DRIVE <br />BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF <br />SANTA ANA AS FOLLOWS: <br />Section 1. The Planning Commission of the City of Santa Ana hereby finds, <br />determines and declares as follows: <br />A. The Planning Commission held a duly noticed public hearing on September <br />8, 2003, on Variance No. 2003-03 to allow the encroachment into the side <br />yard and the prevailing front yard setback for the property located at 1811 <br />• North Heliotrope Drive. <br />B. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br />i. The development project has special circumstances that <br />warrant the granting of a variance. The demolition of the <br />former structure was necessary due to extensive termite <br />damage to the raised floor and to provide atwo-story home <br />similar to others in the surrounding area. Further, had the <br />permit issuance not occurred, the applicant's request for a <br />variance would be for a lesser encroachment into the <br />setbacks, a reduction request similar to other encroachment <br />requests. Building permit records indicate the front and side <br />setbacks to have been 41-feet and 4-feet, respectively. The <br />structure's primary encroachment into the front yard is due to <br />a 12-feet 3-inch wide room projection resulting in a 37-feet 6- <br />• inch front yard setback. A reduction from the previous 4-foot <br />side yard setback to 3-feet 1-inch and the majority of the <br />Resolution No. 2003-33 <br />Page 1 of 4 <br />