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REL:adg 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.