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3/17/82
RESOLUTION NO. 82-44
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA OVERRULING THE
PLANNING COMMISSION'S DENIAL OF
VARIANCE APPLICATION NO. 81-33 AND
GRANTING SAID VARIANCE FOR A SIX-MONTH
TERM FOR PROPERTY AT 1411 EAST FIRST STREET
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Ana on March 15, 1982, on
an appeal (Appeal No. 462) from the action taken by the
Planning Commission in denying Variance Application No. 81-
33, which application seeks to allow a "public premises,"
located at 1411 East First Street, selling liquor for
consumption on the Uremises as its primary business within
300 feet of property used for residential purposes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That based on such public hearing and the oral and
documentary evidence submitted therein; the City Council
does hereby overrule the Planning Commission's denial of
Variance Application 81-33, and does hereby grant said
Variance for a term of six (6) months commencing with the
date of adoption of this Resolution.
2. That the City Council hereby adopts, as its
findings of fact for the granting of said Variance, the
following:
(a) The proprietor of the subject property
intends to convert such property to a "bona fide" restaurant
within the next six months. Such use would not require a
variance from the zoning regulations. This Variance is
granted only for the purpose of allowing a temporary use
of the property as a "public premises" pending the
establishment of such restaurant status and will terminate
in six months, whether or not such restaurant status is in
fact obtained. Due to these special circumstances, a strict
enforcement of the zoning regulations would deprive the
subject property of privileges not otherwise at variance
with the intent and purpose of such regulations.
RESOLUTION NO. 82-44
PAGE TWO
(b) The granting of this Variance is necessary to
allow the proprietor to make an economic use of the subject
property pending the establishment of restaurant status.
(c) Being limited to a six-month period, the
granting of this Variance will not be materially detrimental
to the public welfare or injurious to surrounding property.
(d) The use for which this Variance is granted
will not adversely affect the general plan of the City.
3. Said Variance is approved subject to all the
requirements set forth in sections 6 and 7 of that certain
report entitled "Variance Application No. 81-33" submitted
by the Planning Commission, on file in the office of the
Clerk of the Council and incorporated herein as though fully
set forth, and subject to the limitation that said Variance
shall expire and be of no further force and effect on a date
six (6) months from and after the date of adoption of this
Resolution.
ADOPTED this ~b day of April , 1982.
Gordon Bricken
ATTEST:
~4~a.nice C.tGuy,'Clerk of the ~ouncil
COUNC ILMEMBERS:
Bricken N~¥
Luxembourge r Aye
Acosta
Serrato
Griset Nay
Markel
McGuigan
Approved as to Form:
~ardVJ~./Cp~, City Attorney