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HomeMy WebLinkAbout2005-16 RESOLUTION NO. 2005-16 KO -6/20/05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2005-03 TO ALLOW DEVIATIONS TO THE SIDE YARD SETBACK, HEIGHT REQUIREMENT AND THE PARKING AS REQUIRED FOR SECOND DWELLINGS AND APPROVING VARIANCE NO. 2005-11 TO ELIMINATE THE ENCLOSED PARKING REQUIREMENT AND PERMIT A DRIVEWAY THAT DOES NOT LEAD TO A GARAGE FOR THE PROPERTY LOCATED AT 2106 NORTH VICTORIA AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. The applicant is requesting approval of Minor Exception No. 2005-03 from the Second Dwelling Unit ordinance (Santa Ana Municipal Code Section 41- • 150) to allow a side yard setback smaller than that required and to exceed the height requirement of 15 feet. Applicant is also seeking Variance No. 2005-11 to provide relief from the R1 [Municipal Code Sections 41-1320(b) and 41-239(c)] requirements, specifically to provide relief from the R1 standard enclosed parking requirements; and to provide relief from the R1 standard that a driveway must lead to a garage. B. The Zoning Administrator held a duly noticed public hearing on March 9, 2005. At this hearing, the Zoning Administrator continued the item to allow the applicants time to alter their proposal to include a garage to the front (east) elevation of the proposed second dwelling unit. Applicants did not wish to pursue a modification of their application. C. On May 4, 2005, the Zoning Administrator held the continued public hearing. At this hearing, the Zoning Administrator referred this item to the June 13, 2005 Planning Commission meeting due to the proposal's potential impact on existing city land use policies (pursuant to Santa Ana Municipal Code Section 41-641). D. On June 13, 2005, the Planning Commission held the public hearing on Minor Exception No. 2005-03 and Variance No. 2005-11 for the property located at 2106 North Victoria Avenue. E. Santa Ana Municipal Code Section 41-638 authorizes the Planning • Commission to grant minor exceptions and variances upon making certain findings. The Planning Commission determines that the findings Resolution No. 2005-16 Page 1 of 4 necessary to grant the minor exception and variance have 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 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 proposed second unit is an existing structure with an architectural style matching that of the primary residence onsite. This integration of style is strongly supported by city design guidelines. Additionally, the location and height of the structure are pre-existing. This is a very large lot (18,000 s.f.) has an abundance of open space and open, paved driveway area behind gates that would keep vehicles from public view in the same manner as a garage. The existing primary residence is 4,705 s.f. with ample room for interior • storage of typical household items that may commonly be stored in a shed or garage. Additionally, there are unique constraints in the rear yard. These include the location of the existing structure(s) and swimming pool which preclude the owners from constructing a garage that would meet the City's turning radius standards in the front of the existing second unit allowing a vehicle to maneuver into said garage. 2. That the granting of a minor exception and variance is necessary for the preservation and enjoyment of one or more substantial property rights. This minor exception and variance impacts the rights of the property owners to develop their property in a manner encouraged by the State of California, i.e., providing affordable housing in single-family areas. The owner of this residence wishes to maintain the structure's architectural style and compatibility with the primary residence without modifying the original style intended by the architect. 3. That the granting of a minor exception and variance will not be materially detrimental to the public welfare or injurious to surrounding property. • The project will not be materially detrimental to the public welfare because the structure was built at the same time as Resolution No. 2005-16 Page 2 of 4 the primary residence, and its size will not be altered. • Additionally, this is a very large parcel (18,000 s.f.) with an existing long driveway and ample space for on-site parking out of public view so as not to injuriously affect neighboring properties. No outdoor storage will be required as there is ample space in the 4,705 s.f. house to allow for interior storage. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. This proposal is in scale with existing structures in the neighborhood, and will not create off-site parking impacts. 4. That the granting of a minor exception and variance will not adversely affect the General Plan of the City. The requested variance and minor exception will not adversely affect the General Plan, as it has a positive impact on the goals and policies expressed in that document. Goal 3.5 of the Urban Design Element Policy Plan encourages residential alterations that are consistent with the architectural character of the neighborhood. The proposed second unit is an existing structure, and is consistent with the architectural style of this residence and with the architectural quality of this residential neighborhood. • F. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt. Environmental Review No. 2004-181 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Minor Exception No. 2005-03 and Variance No. 2005-11. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but not is not limited to: the Request for Planning Commission Action dated June 13, 2005 and exhibits attached thereto; and the public testimony written and oral, all of which are incorporated herein by this reference ADOPTED this 13T" day of June, 2005 by the following vote: AYES: Commissioners: Cribb, De La Torre, Gartner, Lutz, Mondo, Nalle (6) NOES: Commissioners: None (0) ABSENT: Commissioners: Leo (1) ABSTENTIONS: Commissioners: None (0) Resolution No. 2005-16 Page 3 of 4 • Glerhi Mondo Chairdlerson APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Kylee O. o Assistant ity Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Planning Commission, do hereby attest to and • certify the attached Resolution No. 2005-16 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 13, 2005. Date: "' ~~ y Clerk of the Planning Commissi City of Santa Ana Resolution No. 2005-16 Page 4 of 4