Loading...
HomeMy WebLinkAbout2004-38 RESOLUTION NO. 2004-38 KO - 09/30/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA DENYING MINOR EXCEPTION NO. 2004-07 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE HEIGHT REQUIREMENT FOR THE PROPERTY LOCATED AT 5026 WEST FIFTH 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. 2004-07 came before the Zoning Administrator of the City of Santa Ana for a public hearing on September 29, 2004. B. The applicant is requesting approval of Minor Exception No. 2004-07 to construct block wall pilasters and wrought iron fencing for the property located at 5026 West Fifth Street. The fence pilasters exceed the allowed • maximum height of 36 inches, and the solid base exceeds the allowed 18 inches C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a Minor Exception upon making certain findings which have not been meet. 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 of the zoning ordinance is found to deprive the subject property of privileges not otherwise at a minor exception with the intent and purpose of the provisions of the zoning code. This is a standard residential lot that can construct pilasters within code requirements. 2. That the granting of a 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 42-inch high fence with Resolution No. 2003-38 Page 1 of 3 • a 24-inch high solid base, in and of itself, will not guarantee any greater enjoyment than which is permitted by code. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a minor exception will be detrimental or injurious to the surrounding properties due to an appearance that is incompatible with the existing fences of 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. The majority of the neighborhood consists of legal non- conforming fencing, which exceeds the 36-inch maximum height. These non-conforming fences are a mix of chain link, block, and wrought iron fencing materials. Approving the minor exception would cause the neighborhood to become more non-conforming. 4. That the granting of a minor exception will not adversely affect the General Pian 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. Forty-two inch high pilasters, with a 24-inch high solid base are inconsistent with the existing neighborhood. The existing neighborhood consists of legal non-conforming front yard fencing. D. In accordance with the California Environmental Quality Act, the proposed project is Statutorily Exempt. No further environmental review is needed. Environmental Review No. 2004-201 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. 2004-07. 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 September 29, 2004, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 29th day of September, 2004. Resolution No. 2003-38 Page 2 of 3 ~~-N'~~ i Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~"~ ~ ~- ~_._ Kylee O. Q 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. 2004-38 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on September 29, 2004. Date: Clerk of the Zoning Administr r City of Santa Ana Resolution No. 2003-38 Page 3 of 3