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<br /> Variance No. 2009-03 <br /> October 12, 2009 <br /> Page 1 of 2 <br /> Findings of Fact - 1,000 foot separation requirement (deny) <br /> <br /> A. That because of special circumstances applicable to the subject <br /> property, including size, shape, topography, location or <br /> surroundings, the strict application of the zoning ordinance is found <br /> to deprive the subject property of privileges not otherwise at <br /> variance with the intent and purpose of the provisions of this <br /> chapter. <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 A-19 <br /> <br />