2008-033 - Reduction in the Required Building Setback Along Macarthur Blvd

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