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The granting of the variance will not adversely affect the <br />General Plan of the City as retail uses are permitted in the <br />General Commercial (GC) General Plan land use <br />designation. Further, the proposed building is consistent <br />with Goals 1, 2 and 3 of the General Plan Land Use <br />Element, which encourage the City to promote a balance of <br />land uses to address basic community needs, promote uses <br />that enhance the City's economic and fiscal viability and <br />improve the character and integrity of existing <br />neighborhoods. <br />Section 2. The City Council after conducting the public hearing hereby <br />approves Variance No. 2008-03 as conditioned in Exhibit A" attached hereto and <br />incorporated herein to reduce the required building setback along MacArthur Boulevard <br />from fifteen (15) feet to ten (10) feet for the property located at 1501 West MacArthur <br />Boulevard. This decision is based upon the evidence submitted at the above said <br />hearing, which includes but is not limited to: the Request for Council Action dated May <br />5, 2008 and exhibits attached thereto and the public testimony written and oral, all of <br />which are incorporated herein by this reference. <br />Section 3. This resolution shall not be effective unless and until Ordinance No. <br />NS-2765 becomes effective. If said ordinance is for any reason held to be invalid or <br />unconstitutional by the decision of any court of competent jurisdiction, or otherwise does <br />not go into effect for any reason, then this resolution shall be null and void and have no <br />further force and effect. <br />ADOPTED this 5~h day of May, 2008. <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: Y <br />Kylee .Otto <br />Assistant City Attorney <br />Resolution No. 2008-033 <br />Page 3 of 5 <br />