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HomeMy WebLinkAbout2001-04 Kdo/04/13/02 RESOLUTION NO. 01-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 00-69 TO WAIVE THE SCREENING REQUIREMENT FOR ROOF MOUNTED EQUIPMENT FOR PROPERTY LOCATED AT 809 NORTH MAIN STREET 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. Variance No. 00-69 came before the Planning Commission of the City of Santa Ana for a duly noticed public hearing on February 12, 2001. B. The property located at 809 North Main Street, Santa Ana, has a zoning designation of Midtown Specific Plan (SP-3) and has a General Plan land use designation of District Center (DC). C. Santa Ana Municipal Code Section 41-622 states that all mechanical equipment or appurtenances located on the roof of a building situated on real property that is zoned or used for commercial, industrial, or multiple- family residential uses, shall be screened. Applicant is requesting a variance to waive the screening requirements for roof-mounted equipment at the Orange County Crazies facility located at 809 North Main Street. D. Santa Ana Municipal Code Section 41-638 authorizes the Planning Commission to grant a variance upon making certain findings. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. The approval to not require screening of the roof mounted mechanical equipment would not jeopardize the intent of the screening requirements. The building is located adjacent to two other buildings and a reasonable distance from the public • right-of-way to the rear to meet the intent of the screening requirements. Resolution No. 2001-04 Page 1 of 3 . 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the variance allows the applicant to utilize the mechanical equipment in an aesthetically appealing manner while providing a comfort cooling system for the building. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting a variance will not be detrimental to the public and surrounding properties by not requiring screening of the mechanical equipment. The approval of the roof-mounted equipment without screening will not be a visual detriment to the surrounding properties. The visual impact of the roof- mounted equipment is minimal due to the lineal distance necessary to observe and will not substantially impact the surrounding visual environment. 4. That the granting of a variance will not adversely affect the General Plan of the City. • The granting of the variance will not adversely affect the City's General Plan land use designation for the area. Section 2. The Planning Commission hereby approves and adopts Variance No. 00-69. ADOPTED this 12th day of February, 2001. • APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: ~ __. Kylee dette Deputy City Attorney Resolution No. 2001-04 Page 2 of 3 • • AYES: NOES: ABSENT: ABSTENTIONS Commissioners: Commissioners: Commissioners: Commissioners: Cribb, Doughty, Leo, Mondo, Verino (5) None (0) Richardson, Nalle (2) None (0) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, LAURA JOHNSON, Planning Commission Secretary, do hereby attest to and certify the attached Resolution No. 2001-04 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on February 12, 2001. Date: `~ ~Z--- a Wing Co ssion Secretary City of S a Ana Resolution No. 2001-04 Page 3 of 3