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251 states that rear yard setbacks shall be not less than 15-feet in <br />the Two-Family Residential (R-2) zone. <br />2. The applicant is proposing to encroach into the required front, side, <br />and rear yard setbacks. <br />3. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings: <br />That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />The project site has special circumstances related to <br />its size, shape and surroundings. The reduced lot <br />size, irregular shape and Caltrans drainage easement <br />along the northern property line significantly limit the <br />projects developable area. An analysis of <br />development options during the Site Plan Review <br />phase concluded that a project meeting all the <br />development standards in the R-2 zone would be so <br />small as to make the home impractical. Primary <br />amongst these was the requirement to provide a 20- <br />foot by 20-foot two-car garage with 20-feet of <br />driveway which would have reduced the livable area <br />on the first floor to less than 100 square feet. <br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The granting of this variance is necessary for the <br />preservation and enjoyment of substantial property <br />rights. Without the approval of the requested <br />variance the developable area of the property would <br />be so restricted as to become infeasible for <br />development and would remain vacant. The <br />proposed project maximizes the developable area <br />while minimizing any impacts to the adjacent single- <br />family residence to the south. <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />Resolution No. 2013-09 <br />Page 5 of 10 <br />31 A-19