31B - VARIANCE - 1221 N BRISTOL ST

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Variance No. 2011-07 May 9, 2011 Page 3 Project Analysis Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. In the case of proposed projects that are located on sites or in buildings considered to be legally non- conforming according to Article VI of the Zoning Ordinance, the project analysis begins with an assessment of the degree to which the proposed project triggers the need to bring such non- conforming aspects of the site into conformance with current standards. Regarding this project, Section 41-683 of the Santa Ana Municipal Code (SAMC) states that if a nonconforming building is vacant, unused or unoccupied for 12 consecutive months, any subsequent use must conform to current development standards, including lot size and setbacks. As this particular building has been vacant for over three years, a restaurant would not be able to occupy the building until the entire site complies with current code requirements, or a variance is approved for those items which do not meet the current standards. In this case the zoning requires a landscaped setback of not less than 15 feet [Section 41-372(a)] along Washington Avenue since the side yard abuts a public street, and a lot greater than 15,000 square feet in size (Section 41-373). The building has an existing side yard setback of six feet along Washington Avenue and is only 11,709 square feet in size. The applicant is requesting to allow the parcel size to remain as is and the existing setback to remain at its current dimension, which would require the approval of a variance from the code discussed above. In analyzing the variance request staff must be able to show that findings can be made that support the criteria listed above. 31 B-5