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RE L: adg 4/28/81 RESOLUTION NO. 81-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE PLANNING COMMISSION'S DENIAL OF VARIANCE APPLICATION NO. 80-73, GRANTING SAID VARIANCE, AND GRANTING APPEAL NO. 435, FOR PROPERTY AT 1200 E. MCFADDEN AVENUE. WHEREAS, a public hearing was duly held before the City Council of the City of Santa Ana on April 20, 1981, on the action taken by the Planning Commission in denying Variance Application No. 80-73, which application seeks to allow development of less than four acres at 1200 East McFadden Avenue in the C4 District; and WHEREAS, prior to taking action on said Variance Application, this Council has reviewed and considered the Negative Declaration (I.S. 80-260) prepared for the project; 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 action of the Planning Commission denying said Variance Application No. 80-73, does hereby grant said Variance, and does hereby grant Appeal No. 435. 2. That the City Council hereby adopts as its findings of fact for the approval of Variance No. 80-73, the following: (a) The fact that the subject property cannot be developed at all in accordance with the minimum lot size requirement of the C4 Zone constitutes special circumstances applica- ble to the subject property justifying a Variance from such requirement. (b) The granting of the Variance is necessary to preserve the owner's right to develop and use the property. (c) Compliance with the conditions of approval of this Variance will avoid any detrimental effect on the public welfare or surrounding property. (d) The proposed use is consistent with the City's general plan. 3. For the reasons set forth in the Negative Declaration (I.S. 80-260) prepared for this project, the Council approves and adopts the said Negative Declaration and its finding that the project will not have a significant effect on the environment. 4. The said Variance is approved subject to all requirements set forth in sections 6 and 7 of that certain "Finding of Fact, Variance Application 80-73" submitted by the Planning Commission, on file in the office of the Clerk of the Council, and incorporated by reference herein as though fully set forth, except as follows: