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• residential lot and is able to provide open space in the rear <br />yard area. In addition, the location of the existing garage and <br />the existing setback is legal nonconforming because of <br />changes in the code, and the strict application of the setback <br />requirements would deprive the owner of her property <br />privileges allowed by others constructing additions matching <br />legal nonconforming setbacks per Santa Ana Municipal Code <br />Section 41-236. <br />2. That the granting of a minor exception is necessary for the <br />preservation and enjoyment of one or more substantial property <br />rights. <br />The minor exception will allow the owner the right to develop <br />the property in a manner encouraged by the State of <br />California, i.e., providing affordable housing in single-family <br />areas. The owner of this residence wishes to execute the <br />project in accordance with local guidelines and per AB 1866, <br />California's law that encourages the construction of second <br />dwelling units as an affordable housing option. <br />3. That the granting of a minor exception will not be materially <br />• detrimental to the public welfare or injurious to surrounding property. <br />The project will not be materially detrimental to the public <br />welfare because the existing detached garage was permitted <br />and legally built in 1955, and neither its location nor size will <br />be altered. The proposed second unit will not exceed 421 <br />square feet, as required by Santa Ana Municipal Code <br />Section 41-194, and would not exceed 30 percent of the size <br />of the existing single family home. <br />4. That the granting of a minor exception will not adversely affect the <br />General Plan of the City. <br />The project will not adversely affect the General Plan but will <br />be consistent with the goals and policies of the document. <br />Policy 2.2 of the Urban Design Element states that new <br />development must be consistent with the scale, bulk, and <br />pattern of existing development, with this proposal consistent <br />in scale, bulk, and pattern of the neighborhood. Furthermore, <br />Policy 2.7 of the Urban Design Element states that projects <br />must exhibit a functional, comfortable scale in relation to the <br />neighborhood. This proposal is in scale with existing <br />• structures in the neighborhood, and will not create off-site <br />Resolution No. 2011-04 <br />Page 2 of 5 <br />