75D - PH - 1306-1312 W SANTA ANA BLVD

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AA No. 2011-01, GPA No. 2011-02, & VA No. 2011-06 May 9, 2011 Page 5 • 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. Regarding this project, Section 41-683 of the Santa Ana Municipal Code (SAMC) states that buildings in the C2 zone requires a 15 foot (Section 41-368) front and side yard landscaped setback if the yard abuts a public street, as it does in this case. As proposed, the building will have a five foot setback along Santa Ana Boulevard and a 12 foot setback along Bristol Street. Further, the parking lot abutting Bristol Street will have a five foot setback. The applicant is requesting approval to allow the reduced setback to remain as proposed, 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. The project site has a special circumstance related to its size, shape and location. The property is located at an intersection of two major arterial streets, is adjacent to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street will encourage pedestrian accessibility to the site and provide easier access to the structure from the adjacent residential uses. Also, due to the "L" shape of the lot, the reduced setback will improve circulation and access at the rear of the site. • The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new medical and professional office building on a vacant parcel of land. Further, it will allow the owner the ability to maintain the current medical practice, which will allow him the ability to continue to serve the surrounding neighborhood. Shifting the building to comply with the setback standard 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 have been designed to comply with all applicable development standards except for the front and side yard setbacks. The new building and related site improvements such as new landscaping will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 75D-7