2018-014 - Approving Variance No. 2017-07

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1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The project is bound by the Santa Ana (1-5) Freeway on the north. The site is an irregular shaped lot which limits functional site configurations for a hotel, restaurant and off- street parking. a) The shared parking study (dated 1.16.18) prepared by RK Engineering Group, Inc., has concluded that the proposed number of parking spaces on-site will be sufficient to meet the peak parking demands of the hotel and restaurant. As a result, the parking variance will allow the Applicant the ability to use the property in a manner that is consistent with the surrounding commercial uses. b) The variance from the front yard setback requirement is due to the existing location of the MacFarlane House, an existing historic structure proposed for use as a restaurant. In an effort to provide an undulating streetscape, the front setback will be reduced to seven (7) feet. c) Walls in front yards are limited to four (4) feet in height. The increase in wall height to seven feet six inches (7' 6") is due to the strict application of California Building Code requirements for pool safety and to provide privacy to pool patrons. The wall height for the restaurant deck will match the pool wall to keep a uniform look along the streetscape. In addition, the surrounding properties also do not meet the 15 -foot front setback requirement, thereby making this project consistent with its surrounding development pattern. d) The building elevations are visible from all four directions and from the highly traveled Santa Ana (1-5) Freeway. Due to the high visibility of the hotel, signage is requested for all four building elevations to allow for long-distance identification and to attract motorists that may be traveling through Orange County. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) The granting of the parking variance will preserve the property owner's ability to develop the lot with a conditionally permitted use that will assist in revitalizing the area. Strict application of the off - Resolution No. 2018-014 Page 2 of 7