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RESOLUTION NO.2002-27 Kdo/ 9/17/02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2002-08 AS CONDITIONED FOR THE PROPERTY LOCATED AT 1729 EAST DYER STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Variance No. 2002-08 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on September 23, 2002. B. Applicant is requesting a variance from the Santa Ana Municipal Code Section 41-428, which requires that driveways be a minimum distance of • 150 feet from an intersection comer radius for the property located at 1729 East Dyer Street. C. The Planning Commission determines that the following findings, which must be established in order to grant a variance from the provisions of the Santa Ana Municipal Code, have been established: 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 project has a total of 150 feet of street frontage on Dyer Road. Due to the amount of linear street frontage that the project has on Dyer Road it is impossible to have a driveway on the project site and still meet this 150-foot distance requirement. Therefore, due to the size of the project, the strict application of the zoning ordinance would deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. 2. That the granting of a variance is necessary for the preservation and • enjoyment of one or more substantial property rights. Resolution No. 2002-27 Page 1 of 3