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CUP No. 2012 -17 & VA No. 2012 -06 <br />August 13, 2012 <br />Page 7 <br />code would, in this particular case, deprive the subject property of attracting a use to the <br />property that is otherwise allowed in the P zone and would deprive the subject property of <br />privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. <br />The granting of the variance is necessary for the preservation and enjoyment of substantial <br />property rights. Compliance with the parking standards would prohibit the construction of a <br />needed high school campus for at -risk youths on the premises. The strict application of the <br />standards would result in the need to reduce classroom space for the campus, which would <br />impact the ability of the Orangewood Foundation to provide sufficient learning facilities at this <br />location. Therefore, the granting of the variance will preserve the property owners right to <br />develop a vacant property with a use that is allowed in the zoning district. The new use will <br />help to revitalize the area through the reuse of a vacant property, which will preserve the <br />property owners right to upgrade, develop and lease their property. <br />• The granting of the variance will not be detrimental to the public or surrounding properties as <br />the building and site is proposed to comply with all applicable development standards except <br />for the parking, building height and fence height requirements. The project has been designed <br />to minimize impacts to the adjacent residential properties through site design and conditions of <br />approval. <br />Finally, the project will not adversely affect the General Plan. The Academy Charter High <br />School is consistent with several goals of the General Plan. Goal 1 of the Land Use Element <br />encourages uses that promote a balance of land uses that address basic community needs, <br />Goal 3 supports projects that improve the character and integrity of neighborhoods, and Goal 5 <br />ensures that the impacts of development are mitigated. Further, the project is in compliance <br />with Goal 1 of the Educational Element, which encourages development that provides sufficient <br />educational services and facilities to meet the City's needs. <br />Variance No. 2012 -06 (b) - Building Height <br />SAMC Section 41- 314(b) of the SAMC limits structures to 35 feet in height if located within 140 feet <br />of residentially used property. As single- family residences are located approximately 80 from the <br />three -story classroom building (Building G) and the Phase 2 gymnasium building (Building E), a <br />variance is required. <br />Given the scarcity of land in Santa Ana, the trend in construction is to limit the sprawl of <br />developments and build more vertical structures. Therefore, to provide sufficient classroom space <br />within a constrained site, the Foundation is proposing to build a three story, 47 -foot high classroom <br />structure. Additionally, a 38 -foot high gymnasium is proposed for future development. To <br />minimize the impacts to the residents along the south side of Building F, the use of windows has <br />been minimized along this elevation. Further, gymnasiums are a standard function found on a high <br />