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HomeMy WebLinkAbout2001-33• RESOLUTION NO.O1-33 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION N0.2001-01 TO ALLOW A THREE FOOT HIGH FENCE IN THE FRONT YARD OF THE PROPERTY LOCATED AT 1904 NORTH FLOWER STREET WHEREAS, Minor Exception No. 2001-01 came before the Zoning Administrator for a public hearing on June 20, 2001, to permit a three foot high fence in the front yard of the property located at 1904 North Flower Street, Santa Ana; NOW, THEREFORE, BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: 1. Based upon the evidence submitted at the above said hearing the Zoning Administrator finds and determines as follows: A. 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. Special circumstances exist in that the fence is built along the side property line, where site visibility and emergency access will not be impeded. B. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of Minor Exception No. 2001-01 will preserve and secure the rights of the property owner for the enjoyment of property without undue concern, as the fence has been constructed and cited by code enforcement. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The fence is a decorative polyvinyl picket fence with posts spaced at eight foot intervals. The materials are compatible with the surrounding architecture and consistent with existing neighborhood fences. The fence will not be detrimental and injurious to surrounding property. D. That the granting of a variance will not adversely affect the General Plan of the City. • 1 • The General Plan for the property is LR 7 (Low Density Residential) and the granting of this minor exception will have no adverse effect on the General Plan. 2. Minor Exception No. 2001-01 is hereby approved. ADOPTED this ~~ day of T»ne , 2001 C7 ATTEST: Kenneth Adams Zoning Administrator Planning and Building Agency APPROVED AS TO FORM: hristopher G. Norman Assistant City Attorney 2 ~~ ~J RESOLUTION NO. 01-32 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2001-18 TO ALLOW A TWO-STORY ACCESSORY STRUCTURE AT 1816 GREENLEAF STREET IN THE SINGLE-FAMILY RESIDENCE (R1) ZONE CJ BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission does hereby find, determine and declare as follows: A. Conditional Use Permit No. 2001-18 has been filed with the City of Santa Ana seeking to allow atwo-story accessory structure for the property located at 1816 North Greenleaf in the Single-Family Residence Zone, in the City of Santa Ana, as a conditional use. B. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a conditional use permit upon making certain findings. C. The Planning Commission held a duly noticed public hearing on July 9, 2001, for Conditional Use Permit No. 2001-18. Section 2. The Planning Commission approves Conditional Use Permit No. 2001-18 as conditioned in Exhibit "A" attached hereto and incorporated herein. Section 4. The Planning Commission makes and adopts the written findings of fact attached hereto as Exhibit "B" and incorporated herein, in rendering its decision to approve Conditional Use Permit No. 2001-18. ADOPTED this 9th day of July, 2001 by the following vote: AYES: Commissioners: Cribb, Doughty, Leo, Mondo, Nalle (5) NOES: Commissioners: None (0) ABSENT: Commissioners: Richardson, Verino (2) ABSTENTIONS: Commissioners: None (0) ~~ ~~ RESOLUTION NO. 01-32 Page 2 . ATTEST: ra J n Gle ecre to the Planning Commissio Chai APPROVED AS TO FORM: Christopher G. Norman Assistant City Attorney • Mondo ~._~ RESOLUTION NO. 01-32 Page 3 EXHIBIT "A" CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-18 Conditional Use Permit No. 2001-18 is approved. subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the Uniform Fire Code, the Uniform Building Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. The project shall remain in compliance with Site Plan Review DP No. 01- 25. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At this time, staff will determine if • administrative relief is available or the conditional use permit must be amended. 3. A covenant not use the 2-story accessory structure as a rental unit shall be recorded prior to issuance of building permit. (Modified by Planning Commission July 9, 2001.) • RESOLUTION NO. 01-32 Page 4 • EXHIBIT "B" FINDINGS OF FACT FOR CONDITIONAL USE PERMIT NO. 2001-18 A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The proposed two-story accessory structure will contribute to the general well being of the neighborhood by providing off-street parking spaces to the residence. B. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? The two-story accessory structure proposed is designed to comply with the city's design and development standards for such facilities, which will not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity. • C. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed project meets the City's development standards for atwo- story accessory structure. The site is currently occupied by a single- family dwelling and a detached two-car garage. The proposed use of the property is consistent with the surrounding area. The proposed two-story accessory structure is in conformance with the City's requirements and will help the economic stability of the area. D. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The proposed two-story accessory structure meets the City's development standards for the type of use proposed. Specifically, setbacks, parking stall size, and the width and length of the driveway are in compliance with code. G E. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed two-story accessory structure is designed to be compatible with the surrounding environment, which will not adversely affect the General Plan and is consistent with the goals and objectives of the Low Density Residential General Plan designation.