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r� <br />u <br />• <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 />There are special circumstances applicable to the subject <br />property where the strict interpretation 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 the zoning code. First, the <br />existing setback is legal nonconforming because of changes <br />in the code, and the strict application of the setback <br />requirements would deprive the owner of their property <br />privileges allowed by others constructing additions matching <br />legal nonconforming setbacks per Santa Ana Municipal <br />Code Section 41 -235. Additionally, the requested height <br />increase in size of the second dwelling unit is relatively small <br />(one foot), but does much to maintain the architectural <br />symmetry and integrity of this building due to the <br />architectural style of the existing home, as well as the <br />proposed matching style of the detached garage /second <br />dwelling unit. <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 denial of this minor exception impacts the rights of the <br />property owners to develop their property in a manner <br />encouraged by the State of California, i.e., providing <br />affordable housing in single - family areas. The owner of this <br />residence wishes to be consistent with the existing <br />structure's architectural style, as well as to maintain a <br />symmetrical appearance such as those English Tudor <br />homes built in the 1920's time period. <br />3. That the granting of a minor exception will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />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 1927, and neither its location nor size will <br />be altered. The proposed second unit will not exceed 453 <br />square feet, as required by Santa Ana Municipal Code <br />Section 41 -194, and would not exceed 30% of the size of the <br />existing single family home. <br />Resolution No. 2008 -12 <br />Page 2 of 4 <br />