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HomeMy WebLinkAbout2004-28i RESOLUTION NO. 2004-28 Koo-08/13/04 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2004-04 TO PERMIT A FENCE THAT EXCEEDS THE FRONT YARD FENCE HEIGHT REQUIREMENT FOR THE PROPERTY LOCATED AT 2422 NORTH SANTIAGO 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. 2004-04 came before the Zoning Administrator of the City of Santa Ana for a public hearing on August 11, 2004. B. The applicants are requesting approval of Minor Exception No. 2004-04 to create a front yard courtyard area through the construction of a primarily solid stucco wall ranging from 42-inches to 52-inches in height, and capped with barrel tiles within the prevailing front yard setback for the property at 2422 North Santiago Street. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 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 residence is located within a Historically Significant Area and is eligible for individual listing on the Santa Ana Register of Historical Properties. As such, the architectural style of this property is historically significant and is held to a high standard for development and style. An important feature of this architectural style is the use of patios and courtyards to provide semi-enclosed areas conducive to outdoor living. • This integration between the interior and garden is a defining Resolution No. 2004-28 Page 1 of 3 feature that historically separates this residential style from • other historical styles in Southern California. 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 impacts the rights of the property owners to enhance and enjoy the use of their property in an outdoor setting. The proposed private courtyard area would also add the amenity of additional useable open space for the enjoyment of the property owners. Many homes, particularly of this architectural style and with a particularly large lot size, utilize the front yard area as private open space. The owner of this home wishes to enhance the look of the home as well as create an enjoyable outdoor setting. 3. That the granting of a 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 fence design is harmonious with the existing architectural style of the house and is in keeping with the quality 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. This proposal is in scale with existing structures in the neighborhood. 4. That the granting of a variance 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 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 courtyard is consistent with the architectural style of this residence and with the architectural quality of this historically significant neighborhood. D. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt. Environmental Review No. 2004-169 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana after conducting the public hearing hereby approves Minor Exception No. 2004-04. 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 August 11, 2004 and Resolution No. 2004-28 Page 2 of 3 exhibits attached thereto; and the public testimony, all of which are incorporated herein • by this reference. ADOPTED this 11th day of August, 2004. ~.~~.~ Kenneth Adams Zoning Administrator APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney ~_.. By. ~ ~,, Kylee O. o Deputy Ci Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2004-28 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on August 11, 2004. Date: d Clerk of the Zoning Admi ' trator City of Santa Ana Resolution No. 2004-28 Page 3 of 3