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property owners right to upgrade, develop and lease their <br />• <br />property. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the variance will not be detrimental to the <br />public or surrounding properties as the building and site is <br />proposed to comply with all applicable development <br />standards except for the parking, building height and fence <br />height requirements. The project has been designed to <br />minimize impacts to the adjacent residential properties <br />through site design and conditions of approval. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The project will not adversely affect the General Plan. The <br />Academy Charter High School is consistent with several <br />goals of the General Plan. Goal 1 of the Land Use Element <br />encourages uses that promote a balance of land uses that <br />address basic community needs, Goal 3 supports projects <br />that improve the character and integrity of neighborhoods, <br />and Goal 5 ensures that the impacts of development are <br />mitigated. Further, the project is in compliance with Goal 1 <br />• of the Educational Element, which encourages development <br />that provides sufficient educational services and facilities to <br />meet the City's needs. <br />G. Variance No. 2012-06 (b) has been filed with the City of Santa Ana <br />seeking to construct a three-story, forty-seven (47) foot tall classroom <br />structure, and a thirty-seven (37) foot tall gymnasium within 140 feet of <br />residentially used property. Santa Ana Municipal Code Section 41-314(b) <br />establishes the maximum height of buildings to thirty-five (35) feet in height <br />if located within 140 feet of residentially used property. <br />H. Santa Ana Municipal Code Section 41-638(a)(2) authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br />The project site has a special circumstance related to its <br />size, shape and location. Due to the site being surrounded <br />by development, the applicant is unable to obtain additional <br />land to build structures that are lower in height. And, it is <br />• unfeasible to construct a gymnasium facility with a lower <br />Resolution No. 2012-07 <br />Pape 4 of 8 <br />