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Home My WebLink About20080312_2008-02_510WAuroraAv• KO — 3/7/08 RESOLUTION NO. 2008 -02 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA APPROVING MINOR EXCEPTION NO. 2007 -05 SEEKING TO MAINTAIN AN EXISTING 53 -INCH HIGH FRONT YARD FENCE WITH PILASTERS AND WROUGHT IRON FEATURES THAT EXCEEDS THE ALLOWABLE HEIGHT AT THE PROPERTY LOCATED AT 510 WEST AURORA AVENUE 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. 2007 -05 came before the Zoning Administrator of the City of Santa Ana for a public hearing on February 20, 2008. The Zoning Administrator continued the matter to March 5, 2008. On March 5, 2008 the Zoning Administrator continued the matter to March 12, 2008. is B. The applicant is requesting approval of Minor Exception No. 2007 -05 to maintain an existing 53 -inch high front yard fence with pilasters and wrought iron features that exceeds the allowable height at 510 West Aurora Avenue. C. Santa Ana Municipal Code Section 41 -638 authorizes the Zoning Administrator 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, 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 located on a site with a grade differential. Additionally, once the overall height is lowered, the location of the fence would not interfere with site visibility. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of Minor Exception 2007 -05 will preserve and • secure the rights of the property owner to enjoy their property. Once the overall height is lowered, the constructed Resolution No. 2008 -02 Page 1 of 4 0 n LJ 0 42 -inch front yard fence, in and of itself, will guarantee greater enjoyment than which is currently permitted by code. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of Minor Exception No. 2007 -05 will not be detrimental or injurious to the surrounding properties due to similarities with other front yard fences in the surrounding area. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood. Once the overall height is lowered, the stucco block wall with decorative top cap will be compatible with both the surrounding architecture and consistent with neighborhood fences. 4. That the granting of a variance will not adversely affect the General Plan of the City. The General Plan for the property is Low - Density Residential (LR -7) and the granting of this minor exception will have no adverse effect on the general plan. Goal 3.5 of the Urban Design Element Policy Plan is to encourage residential alterations that are consistent with the adjacent uses and responsive to the street classification of the neighborhood. Once the overall height is lowered, the style and design of the existing wall at 510 West Aurora Avenue will be consistent in both style and design of the other existing fences in the neighborhood. D. In accordance with the California Environmental Quality Act, the proposed project is Categorically Exempt per Section 15303(e). No further environmental review is needed. Environmental Review No. 2007 -218 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana, after conducting the duly noticed public hearing, hereby approves Minor Exception No. 2007 -05. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Zoning Administrator Action dated February 20, 2008, the Request for Zoning Administrator Action dated March 5, 2008 and exhibits attached thereto; the Request for Zoning Administrator Action dated March 12, 2008 and exhibits attached thereto and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2008 -02 Page 2 of 4 0 ADOPTED this 12th day of March, 2008. APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By:-� . Kylee Ott�'y "/ Assistant Attorney 0 CERTIFICATE OF ATTESTATION AND ORIGINALITY 0 I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2008 -02 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on March 12, 2008. Date: Clerk of the- Zentrig Administrato ifv of Santa Ana Resolution No. 2008 -02 Page 3 of 4 • Conditions for Approval for Minor Exception No. 2007 -05 Minor Exception No. 2007 -05 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Standards Building Code, and all other applicable regulations. The applicant must comply with each and every condition listed below np for to exercising the rights conferred by this variance. The applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division 1. The applicant must lower the wrought iron feature and remove one course of block from each pilaster in order to reduce the overall height down to 42 inches. 2. The applicant must submit a letter stating that he is in agreement with the • changes depicted in Exhibits 8 and 9. 3. The applicant needs to contact the case planner to set up a final inspection to verify that the work has been completed. Exhibit A Resolution No. 2008 -02 Page 4 of 4 • PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92702. I served the foregoing document described as: Resolution No. 2008 -02 (Minor Exception No. 2007 -05) in this action by placing a true copy thereo enfi lose named envelopes a ress� follows: David & Lia Halley 510 West Aurora Avenue Santa Ana, CA 92707 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with • U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 27, 2008 at Santa California. �tYN MAGALONA •