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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. <br />i. That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, that 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 />The new facility will result in a reduction in height from <br />99 feet to 75 feet. Due to the specific array height of <br />61 feet required by AT&T, the required separation <br />criteria to avoid interference and the design of the <br />monopine, the total height of the structure exceeds <br />the allowable height of 60 feet. Therefore, due to the <br />required array heights and structure design, the strict <br />application of the zoning ordinance would deprive the <br />subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions <br />of this chapter. <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 the variance for the structure to exceed <br />the allowable height will preserve the property owners <br />ability to develop the property with a use that will <br />benefit the community by reducing the gaps in digital <br />cellular service that is provided to its users especially <br />for users traveling on Fairview Street, a major arterial <br />and in the surrounding area. <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 project will not be materially detrimental to the <br />public welfare or injurious to surrounding property as <br />proposed. It is anticipated that the wireless facility <br />design will be compatible with the surrounding area <br />and will not adversely affect the economic viability in <br />the area and increase economic stability of the project <br />site. <br />• <br />Resolution No. 2002-31 <br />