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6/15/78
RESOLUTION NO. 78-73
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA
REVERSING THE ACTION OF
THE PLANNING COMMISSION
ON VARIANCE APPLICATION NO. 77-76.
APPROVING SAID VARIANCE,
AND GRANTING APPEAL NO. 386
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Ana on June 5, 1978, on
the action taken by the Planning Commission in denying
Variance Application No. 77-76, which application seeks to
allow a professional office in an existing residence at 1432
East Seventeenth Street in the R-1 Use District; and
WHEREAS, prior to taking action on said Variance
Application, this Council has reviewed and considered the
negative declaration for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Santa Ana as follows:
1. That based on such public hearing and the oral and
documentary evidence submitted therein, the City Council
does hereby reverse the action of the Planning Commission
denying said Variance Application No. 77-76 and does hereby
approve said Variance and grants Appeal No. 386.
2. That the City Council hereby adopts as its findings
of fact for the approval of Variance No. 77-76, the following:
(a) Because of the special circumstances appli-
cable to the subject property, to wit: the circumstances
that the property fronts on a heavily trafficked arterial
street, and noise level and surrounding commercial
properties preclude its use as residential property,
the strict application of the zoning ordinance would
deprive the subject property of privileges not otherwise
at variance with the intent and purpose of the zoning
laws.
(b) The right to use the subject property for a
professional office is substantial, in that a restriction
to residential use would constitute a severe economic
hardship on the owner of the subject property.
(c) Use of the subject property as a professional
office would have a minimal effect on traffic in the
surrounding area and would not be detrimental to the
public welfare or injurious to surrounding property.
(d) Use of the subject property as a professional
office will not adversely affect the General Plan of
the City in that the subject area is designated as a
special study corridor without use restrictions.
3. For the reasons set forth in the Negative Declara-
tion prepared for this project, the Council approves and
adopts the said Negative Declaration and its finding that
the project will not have a significant effect on the
environment.
RESOLUTION NO. 78-73
PAGE TWO
4. The said variance is approved subject to all
requirements set forth in sections 6 and 7 of that certain
"Findings of Fact, Variance Application No. 77-76" prepared
and submitted by the Planning Commission, on file in the
office of the Clerk of the Council, and incorporated by
reference herein as though fully set forth, and subject to
the additional condition that the said variance shall be
reviewed by the City Council in two years time and shall
terminate unless finally approved by the City Council at
such time subject to such revised or additional conditions
as the City Council may then impose.
ADOPTED THIS
by the following vote:
19th DAY OF June , 1978,
AYES: COUNCILMEN: Brandt, 0rtiz, Evans, Garthe
NOES: COUNCILMEN: Bricken~ Yamamot0, Ward
ABSENT: COUNCILMEN: None
ATTEST:
APPRO~-ED AS TO FORM:
KEITH L. GOW,
CITY ATTORNEY