Laserfiche WebLink
RCS:lm <br />7-26-77 <br /> <br />RESOLUTION NO. 77-82 <br /> <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF SANTA ANA OVERRULING THE DECISION OF THE <br />ZONING ADMINISTRATOR AND DENYING MINOR EXCEP- <br />TION NO. 77-14. <br /> <br /> WHEREAS, a public hearing was duly held before the <br />City Council of the City of Santa Aha on July 18, 1977, on <br />Minor Exception No. 77-14, to allow on-sale beer and wine in <br />an existing restaurant in a shopping center at 1451 West 17th <br />Street, within three hundred (300) feet of residential uses, <br />which Minor Exception was approved by the Zoning Administrator <br />on June 23, 1977, <br /> <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL <br />OF THE CITY OF SANTA ANA AS FOLLOWS: <br /> <br /> 1. That based on such public hearing and the oral <br />and documentary evidence submitted therein, the City Council <br />does hereby overrule the decision of the Zoning Administrator <br />and does hereby deny Minor Exception No. 77-14. <br /> <br /> 2. That the City Council makes the following Find- <br />ings of Fact: <br /> <br /> a. There are no special circumstances applicable to <br />the subject property, in that there are no special features of <br />the property, such as size, shape, topography, location, or <br />surroundings,that would cause the strict application of the <br />zoning ordinance to deprive the property of privileges not <br />otherwise at variance with the intent and purpose of the pro- <br />visions of Chapter 41, Santa Aha Municipal Code. <br /> <br /> b. The granting of the Minor Exception for the sale <br />of beer and wine within three hundred (300) feet of property <br />zoned or used for residential purposes is not necessary for the <br />preservation and enjoyment of any substantial property rights. <br /> <br /> c. The granting of the Minor Exception will be <br />materially detrimental to the public welfare and injurious to <br />surrounding properties, in that the proposed sale of beer and <br />wine within three hundred (300) feet of property zoned for use <br />for residential purposes is not in the public interest. <br /> <br /> d. The granting of a Minor Exception will not <br />adversely affect the general plan, since the proposed use is <br />consistent with the general planned designation of Community <br />Shopping Center. <br /> <br /> ADOPTED this <br />following vote: <br /> <br />AYES: <br /> <br />1st day of August , 1977, by the <br />COUNCILMEN: Ward, ~Yamamoto, Bricken, <br /> <br />NOES: <br /> <br />ABSENT: <br /> <br />ATTEST: <br /> <br /> FLORENCE I. MALONE <br /> <br />COUNCILMEN: Brandt <br />COUNCILMEN ~/i z~e <br /> MAYOR <br /> <br />APPROVED ~ TO FOI~I.~.~ <br /> <br />KEITH L. GOW <br />City Attorney <br /> <br />Evans <br /> <br /> <br />