31B - VARIANCE 2017-02 - Laserfiche WebLink

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Variance No. 2017-02 August 28, 2017 Page 3 Eleventh Street. The applicant is requesting approval of a variance to maintain the existing building setbacks and provide a zero setback along both Bush and Eleventh Streets. Staff has analyzed the applicants request and is supportive of the proposal. Variance requests are governed by Section 41-638 of the Santa Ana Municipal Code (SAMC). Variances may be granted when it can be shown that there exists a special circumstance related to the property, is necessary for the preservation and enjoyment of substantial property rights, will not be detrimental to the public or surrounding property, or will not adversely affect the General Plan. The project site has special circumstances that warrant approval of a variance. First, the building currently does not comply with the City's setback standards and is therefore legal non -conforming. To comply with the current development standards found in the Midtown Specific Plan, approximately 50 percent of the existing building would have to be demolished in order for the building to comply with code. This would effectively result in the creation of an unusable building and would be a significant burden on the property owner. Further, since other buildings along Eleventh and Bush Streets do not comply with the setback standard, this building would be inconsistent with the development pattern of the area. Finally, by allowing the building to expand and maintain the existing setback, it will assist in improving vehicular and pedestrian circulation on the site. The variance is also necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be expanded with a reduced setback will allow the owner the ability to maintain the use of building on an underutilized parcel of land. Shifting the building to comply with the setback standard would reduce the viability of the existing building, thereby impacting the property rights of the owners. However, the building and site will be subject to on-site improvements such as new landscaping, parking lot restriping and signage, all which will enhance this property and the surrounding properties. The project will not adversely affect the general plan as the proposed office use is a permitted use in the District Center land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 2 to promote land uses which enhance the City's economic and fiscal viability, Goal 3 to preserve and improve the character and integrity of existing neighborhoods, and Goal 5 to ensure that the impacts of development are mitigated. 31 B-5