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1. 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 provisions of this 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 <br /> require a 1,000 foot separation between check cashing <br /> facilities in order to prevent their over-proliferation within the <br /> City's commercial areas. No special circumstances applicable <br /> to the subject project exist to justify the granting of this <br /> variance. <br /> 2. That the granting of a variance is necessary for the preservation <br /> and enjoyment of one or more substantial property rights. <br /> The granting of this variance would allow the property owner <br /> the ability to operate a check cashing business at this location; <br /> however, the property's location within the General <br /> Commercial (C-2) zoning district allows a variety of office and <br /> retail uses which are unconditionally permitted in this zone and <br /> similar in nature to the proposed use. <br /> 3. 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 <br /> require a 1,000 foot separation between check cashing <br /> facilities as a way to prevent the over proliferation of this type <br /> of use and the potential for illicit activity associated with check <br /> cashing uses. The approval of this variance and subsequent <br /> conditional use permit has the potential to be detrimental to <br /> the public welfare in that by allowing a second check cashing <br /> facility within 1,000 feet of another facility will only increase the <br /> potential for illicit activity. <br /> <br /> 4. That the granting of a variance will not adversely affect the General <br /> Plan of the City. <br /> The granting of the variance will adversely affect the City's <br /> General Pfan by opposing several of the General Plan Land <br /> Use policies, including Policy 2.2 by allowing an additional <br /> conditionally permitted use in an area which is already <br /> accommodated by an adequate amount of banking services. <br /> Resolution No. 2009-11 <br /> Page 2 of 9 <br /> 31 A-32 <br /> <br />