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CUP 2014 -49, VA No. 2014 -07 & VA No. 2014 -08 December 8, 2014 Page 6 Variances from Setback Standards (Variance No. 2_0.14 -_07 The applicant is requesting a variance from Sections 41 -249, 41 -251 and 41 -254 of the S.A.M.0 to allow a reduction in front yard and rear yard setbacks as well as the building separation requirements in order to accommodate the proposed expansion project. More specifically, approval of the variance will recognize the location of the existing buildings and allow the existing 17 foot, six inch to 19 foot, six inch front yard setbacks to remain. In addition, relief is requested from the 15 -foot rear yard setback to allow a rear yard setback of 10 feet for Building 5, as well as relief from the 15 -foot separation requirement between Buildings 1 and 8 which is only 10 feet. Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained In this report. In analyzing the variance requests staff must be able to show that findings can be made that support the criteria listed above. The project site has a special circumstance related to its size, shape and location. The property is located just north of First Street on Susan Street and is bound by existing development. The existing structures on the subject lot were originally constructed prior to 1970 in their existing locations, thus creating challenges in reconfiguring the site for expansion. The overall project site will be upgraded to comply with the Citywide Design Guidelines and will comply with the development standards set forth in Chapter 41 of the Santa Ana Municipal Code including parking, trash enclosure, and open space. 31A-8