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HomeMy WebLinkAbout2003-05Lss/022103 RESOLUTION NO. 2003-05 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO 2002-07 FOR THE PROPERTY AT 1835 EAST NINETEENTH STREET 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 2002-07 came before the Zoning Administrator of the City of Santa Ana for a duly noticed public hearing on February 12, 2003. B. Minor Exception No. 2002-07 has been filed with the City of Santa Ana seeking to permit afive-foot eleven-inch solid wood fence withiEl the front yard for the property located at 1835 East Nineteenth Street. C. The Zoning Administrator determines that the following findings, which must be established in order to grant a minor exception from the provisions of the Santa Ana Municipal Code, have not been established: 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. There are no special circumstances applicable to the subject property where the strict interpretation 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 the zoning code. This is a typical lot with no unique site features that warrants a fence above code requirements. 2. That the granting of a variance or minor exception 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 five-foot eleven-inch solid wood fence, in and of itself, will not guarantee any greater enjoyment or security than which is permitted by code. 3. That the granting of a variance or minor exception 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 3.1 of the Land Use Element states that projects must provide a positive contribution to the neighborhood character. A fence nearly twice the height limit 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 or minor exception will not adversely affect the General Plan of the City. The requested minor exception will not adversely affect the General Plan, as it has a negative impact on the foals and • policies expressed in that document. Goal 3.5 of the Land Use Element Policy Plan is to encourage residential alterations that ore 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. Categorical Exemption Environmental Review No. 03-001 will be filed for this project pursuant to the California Environmental Quality Act. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby denies Minor Exception No. 2002-07. ADOPTED this 12th day of February, 2003. ~,~~ - Kenneth Adams Zoning Administrator • • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~ ~? By:~r/~J~ ~,c..i,G~ tom' ~ Laura Sheedy Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2003-05 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 12, 2003. i f~ Date: ~ ; ~ v, ~~ ~ _~- ~ ~:~,~ ~~ _~ ~~~ `-,-~°,__,- Cl~rk of the Zooming Administrator City of Santa Ana • C]