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HomeMy WebLinkAbout2003-080 - Approving Variance No. 2003-03RESOLUTION NO. 2003-080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2003-03 AS CONDITIONED TO ENCROACH INTO THE SIDE YARD AND THE PREVAILING FRONT YARD SETBACK FOR THE PROPERTY LOCATED AT 1811 NORTH HELIOTROPE DRIVE (APPEAL NO. 2003-05) Koo-11/24/03 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The property owner at 1811 North Heliotrope Drive filed Variance No. 2003- 03 to allow a 3-feet l-inch setback on the southern side yard and a front yard setback of 37-feet 6-inches. 1. The original southern side yard was a 3-foot l-inch setback. Because of termite damage, the property owner was forced to remove the existing wall and replace the foundation and wall. Therefore, the property owner is requesting to maintain the historic southern side yard setback. 2. The original structure was set back 41-feet from the front property line. Because of termite damage, the property owner was forced to remove the foundation and wall. As part of the redesign of the structure, a 12-feet 3-inch wide bedroom/office is proposed to encroach into the required front yard setback. The property owner is requesting a front yard setback of 37-feet 6-inches setback. The remainder of the structure will be setback 44-feet 6-inches. B. The Planning Commission held a duly noticed public hearing on September 8, 2003 on Variance No. 2003-03, and approved by a vote of 5:2 (Leo and Sinclair opposing), to allow the encroachment into the side yard setback of 3 feet 1 inch and the prevailing front yard setback of 37-feet 6-inches for the property located at 1811 North Heliotrope Drive. C. The City Council of the City of Santa Ana held a duly noticed public hearing on October 6, 2003, on Appeal No. 2003-05, regarding Variance No. 2003- 03 to allow the encroachment into the side yard and the prevailing front yard setback for the property located at 1811 North Heliotrope Drive. 1. The public hearing was closed during the October 6, 2003 meeting and the matter was continued to the November 3, 2003 meeting. 2. The City Council further continued the matter to the November 17, 2003 meeting. Resolution No. 2003-080 Page 1 of 5 Appeal No. 2003-05 was filed by several neighbors appealing the Planning Commission's decision on Variance No. 2003-03 to the City Council Santa Ana Municipal Code Section 41-638 authorizes the City Council to grant a variance upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 development project has special circumstances that warrant the granting of a variance. The demolition of the former structure was necessary due to extensive termite damage to the raised floor and to provide a two-story home similar to others on the block. Building permit records indicate the front and side setbacks to have been 41-feet and 4-feet, respectively. A reduction from the previous 4- foot side yard setback to 3-feet 1-inch and the front yard setback of 44-feet 6-inches from the front property line would not be intrusive or detract from the character of the neighborhood. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this variance will allow the property owner to continue with construction of a single-family residence in a single-family neighborhood. The development of a single- family residence with a 44-feet 6-inch front yard setback and 3-feet 1-inch side yard setback will respect and continue the unusual setbacks found throughout the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties, which offer a variety of residential designs and architecture. The encroachment into the prevailing front yard setback and side yard will not have a significant impact on the existing neighborhood character and will provide architectural design that will enhance the area. The Land Use Element's Policy 3.1 states to support development which provides a positive contribution to neighborhood character and identity, a new single-family residence with a 44-feet 6-inch front yard setback addresses this policy. Goal 2.7 of the Urban Design Resolution No. 2003-080 Page 2 of 5 Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood; the structure setbacks will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. The requested variance will not adversely affect the General Plan, as it will be consistent with the goals and policies expressed in that document. Goal 3.5 of the Urban Design Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the neighborhood. The single-family residence will be architecturally compatible with the existing neighborhood. The encroachment into the front yard and side yard setback will not significantly impact the prevailing setback and has been designed to provide architectural consideration and articulation. F. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt. No further environmental review is needed. Environmental Review No. 03-185 will be filed for this project Section 2. The City Council of the City of Santa Aha after conducting the public hearing hereby approves Variance No. 2003-03 for a side yard setback of 3-feet 1- inch and a front yard setback of 44-feet 6-inches, as conditioned in Exhibit "A" attached hereto and incorporated herein. A. After conducting the public hearing the City Council approves a front yard setback of 44-feet 6-inches rather than the front yard setback of 37-feet 6- inches that was sought by the property owner. B. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Staff report and exhibits attached thereto; and the public testimony all of which are incorporated herein by this reference. Section 3. This decision rendered by the City Council of the City of Santa Ana is final and is subject to judicial review pursuant to California Code of Civil Procedure section 1094.6. ADOPTED this 17th day of November, 2003 Resolution No. 2003-080 Page 3 of 5 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney Kylee ¢'/' Otto Deputy'City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Alvarez, Bist, Christy, Franklin, Garcia, Pulido, Solorio (7} Councilmembers: None (0) Councilmembers: None (0) Councilmembers: None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2003-080 to be the original resolution adopted by the City Council of the City of Santa Ana on November 17, 2003. Date: ~~7~,~ ..81~rk of the Council v O City of Santa Ana Resolution No. 2003-080 Page 4 of 5 Conditions for Approval for Variance No. 2003-03 Variance No. 2003-03 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The Building Official has determined that as additional fire protection, the residential project at 1801 Heliotrope Avenue shall be required to sheath the interior of southern exposure walls of the upper and lower floors with 5/8 "Type X - fire rated drywall. Exhibit A Resolution No. 2003-080 Page 5 of 5