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HomeMy WebLinkAbout2003-57• RESOLUTION NO. 2003-057 Koo-10/27/03 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2003-08 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE HEIGHT REQUIREMENT FOR THE PROPERTY LOCATED AT 5014 WEST LEHNHARDT AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Minor Exception No. 2003-08 came before the Zoning Administrator of the City of Santa Ana for a public hearing on December 10, 2003. C B. The applicant is requesting approval of Minor Exception No. 2003-08 for a to permit a fence that exceeds the front yard fence height requirement for the property located at 5014 West Lehnhardt Avenue. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a conditional use permit upon making certain findings. 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? There are no special circumstances applicable to the subject property where the strict interpretation pf 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 the zoning code. This is a standard residential lot with no unique site features that warrants a fence above code requirements. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. • The denial of this minor exception should not significantly impact the rights of the property owners to enjoy the use of their property. The construction of a 47-inch tubular fence with 3.5-inch spacing and two arbors will, in and of itself, not Resolution No. 2003-057 Page 1 of 3 guarantee any greater enjoyment than which is permitted by code. 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 minor exception may be detrimental or injurious to the surrounding properties due to an appearance that is aesthetically incompatible with the surrounding properties. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. A fence exceeding the height limit and vertical member spacing less than allowed by code will be a visual and physical obstruction within the front yard setback. The fence at the height proposed may create an image that the neighborhood is unsafe. 4. That the granting of a variance will not adversely affect the General Plan of the City. The requested minor exception will adversely affect the General Plan, as it has a negative impact on 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 fence is incompatible with the existing neighborhood, as the majority of the surrounding properties do not have large fences in the front yard setback. D. In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 03-230 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2003-08. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but not is not limited to: the Request for Zoning Administrator Action dated December 10, 2003 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 10th day of December, 2003. Kenneth Adams Zoning Administrator • Resolution No. 2003-057 Page 2 of 3 • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. o Deputy C Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY • • I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-057 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on December 10, 2003. Date: ~ ~ ~ Clerk f the Zoning Administrat City of Santa Ana Resolution No. 2003-057 Page 3 of 3