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• RESOLUTION NO. 2004-46 KO-11 /28/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2004-05 TO PERMIT AN ARBOR THAT EXCEEDS THE MAXIMUM WIDTH AND DEPTH REQUIREMENTS FOR THE PROPERTY LOCATED AT 706 EAST CATALINA AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Minor Exception No. 2004-05 came before the Zoning Administrator of the City of Santa Ana for a public hearing on October 27, 2004. B. The applicant is requesting approval of Minor Exception No. 2004-05 to construct of a nine-foot high, nine-foot wide, and seven-foot five-inch deep arbor within the front yard setback for the property located at 706 East • Catalina Avenue. The proposed arbor exceeds the allowed maximum width and depth. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 strict interpretation 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 the zoning code. The 6,960 square foot lot and depth of the front yard setback exceeds the City's minimum requirements such that the design of the arbor is reasonable in scale with the property and an enhancement to the neighborhood. 2. That the granting of the minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. • Resolution No. 2004-46 Page 1 of 3