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Variance No. 2009-03 <br />October 12, 2009 <br />Page 1 of 2 <br />Findings of Fact - 1,000 foot separation requirement (deny) <br />A. That because of special circumstance <br />property, including size, shape, <br />surroundings, the strict application of <br />to deprive the subject property of <br />variance with the intent and purpose <br />chapter. <br />s applicable to the subject <br />topography, location or <br />the zoning ordinance is found <br />privileges not otherwise at <br />of the provisions of this <br />The subject site is located within 110 feet of an existing <br />entitled check cashing facility which directly violates the <br />purpose and intent of Ordinance No. NS-2412 which was to require <br />a 1,000 foot separation between check cashing facilities in <br />order to prevent their over-proliferation within the City's <br />commercial areas. No special circumstances applicable to the <br />subject project exist to justify the granting of this variance. <br />B. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of this variance would allow the property owner the <br />ability to operate a check cashing business at this location; <br />however, the property's location within the General Commercial <br />(C-2) zoning district allows a variety of office and retail uses <br />which are unconditionally permitted in this zone and similar in <br />nature to the proposed use. <br />C. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The Santa Ana Municipal Code was amended in 1999 to require a <br />1,000 foot separation between check cashing facilities as a way <br />to prevent the over proliferation of this type of use and the <br />potential for illicit activity associated with check cashing <br />uses. The approval of this variance and subsequent conditional <br />use permit has the potential to be detrimental to the public <br />welfare in that by allowing a second check cashing facility <br />within 1,000 feet of another facility will only increase the <br />potential for illicit activity. <br />EXHIBIT 7 <br />31 B-19 <br />