31A - CUP - 2016 W 17TH ST - Laserfiche WebLink

Home Browse Search

Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 6 Section 41 -373 of the Santa Ana Municipal Code requires each lot which is used for retail purposes in the C1 district to contain at least 15,000 square feet of area and 120 feet of street frontage. Based on these requirements and the proposal to demolish the existing site, all subsequent uses must comply with current code requirements. In order to establish a new use on the property, the ,applicant is requesting approval for a site that is approximately 1,400 square feet short of satisfying the minimum code requirement. While the subject property was once over this minimum lot size, the City acquired partial flakes for street widening from the previous owner along Seventeenth Street and King Street in 1959, reducing the site to its present area of 13,556 square feet. A variance to waive the minimum lot size requirement can generally be granted when the site complies with all applicable development standards, there are no negative impacts to the community and it allows the applicant an economically viable use of their property. The site fully complies with all development standards in the Community Commercial (Cl) zoning district with the exception of lot size. The subject property contains the zoning in place to be developed as a commercial retail store. Special circumstances exist with respect to lot size and have created a situation where the property has remained vacant and underutilized since 2012. Staff recommends approval of the variance from the minimum lot size based on the following facts and findings: The project site has a special circumstance related to its size and surroundings. The size of the subject parcel creates a special circumstance applicable to the property, as the applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on the north and west and a post office to the south surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase adjacent parcel of land to the east. This parcel of land is presently developed with a two- family residential use and is not for sale. Further, the site once complied with the minimum lot size requirement of 15,000 square feet but was impacted by the widening of Seventeenth and King Streets to construct the existing service station in 1959. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance will preserve the property owner's ability to utilize a commercially zoned corner lot to the greatest extent possible. The variance will allow the applicant the ability to construct and operate a retail store which is a permitted use on the site to allow for its continued use and enjoyment. The granting of the variance will not be detrimental to the public or surrounding properties. The project fully complies with required building setback, parking and landscape standards for retail uses in the Community Commercial (Cl) zone and will not result in parking or negative impacts. Additionally, conditions have been placed on the permit to ensure that the site remain in compliance with all other development standards applicable to the property. 31A-8