31B - VARIANCE - 1221 N BRISTOL ST

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Variance No. 2011-07 May 9, 2011 Page 4 The project site has a special circumstance related to its size, shape and location. The property was developed over 45 years ago on a parcel that was compliant with code in regards to lot size and setbacks. The lot is now surrounded by single-family residences (to the east), an Edison Substation (to the south) or public streets (to the north and west), which makes it infeasible to obtain additional land to bring the lot size into conformance with the current standard. Further, the building was constructed in compliance with development standards at that time, which allowed a reduced setback on Washington Avenue. The shifting of the building on the site further to the south to comply with the setback standard would affect the Bristol Street driveway, thereby impeding the on-site circulation pattern of the property. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Compliance with the lot size standard would be infeasible as it would require the applicant to acquire a residentially zoned property to the east that is within an established neighborhood or a property used by a public utility company south of the site. In addition, compliance with the setback standard would require the demolition of approximately 500 square feet of building area; a reduction of 44 percent of usable area. The acquisition of an additional parcel and reduction in building size would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site is proposed to be rehabilitated to comply with all applicable development standards except for the setback and lot size requirements. Further, the project will be consistent with the objectives of the Bristol Street Widening Project, which include upgrading the development character of the area, encouraging the rehabilitation of as many businesses as possible and encouraging local neighborhood servicing commercial uses adjacent to residential areas. Finally, the project will not adversely affect the General Plan even though the proposed restaurant use is not consistent with the Open Space land use designation. The proposed restaurant is a neighborhood service use that is encouraged in several land use designations of the General Plan. This project will result in the improvement of a vacant site that will remove several undesirable elements from the property, which include the elimination of the drive through window service, the removal of noncompliant signage and the installation of lighting that does not impact the adjacent neighborhood. Further, the site will be a sit down eating establishment that will provide an additional restaurant to the adjacent neighborhoods as well as Santa Ana College students, faculty and administration. As discussed earlier, the project site is a "full take" property on the Bristol Street Widening Plan. Currently, the City is proceeding with the widening of Bristol Street from First Street to Civic Center Drive. The next phase, from the north side of Washington Avenue to Seventeenth Street, will commence in approximately three years. The final phase, from Civic Center Drive to Washington Avenue, does not have funding at his time. As a result, it is anticipated that this segment will not be subject to widening for at least five years. 31 B-6