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Additionally, the approval of this variance and subsequent <br /> conditional use permit will oppose Land Use Policy 2.9 which <br /> supports developments that create a business environment <br /> that is safe and attractive, while check cashing facilities have <br /> been known historically to be locations of illicit activity. <br /> <br /> E. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br /> Commission to grant a variance to the building setback requirement for <br /> check cashing facilities upon making certain findings. <br /> 1. That because of special circumstances applicable to the subject <br /> property, including size, shape, topography, location or surroundings, <br /> the strict application of the zoning ordinance is found to deprive the <br /> subject property of privileges not otherwise at variance with the intent <br /> and purpose of the provisions of this chapter. <br /> The subject site is located within 110 feet of an existing entitled check <br /> cashing facility which directly violates the purpose and intent of <br /> Ordinance No. NS-2412 which was to require a 1,000 foot separation <br /> between check cashing facilities in order to prevent their over- <br /> proliferation within the City's commercial areas. The existing building <br /> may be utilized for a number of office and service uses without any <br /> additional discretionary actions. No special circumstances applicable <br /> to the subject project exist to justify the granting of this variance. <br /> 2. 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; however, <br /> the property's location within the General Commercial (C-2) zoning <br /> district allows a variety of office and retail uses which are <br /> unconditionally permitted in this zone and similar in nature to the <br /> proposed use. <br /> 3. That the granting of a variance will not be materially detrimental to the <br /> 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 to <br /> prevent the over proliferation of this type of use and the potential for <br /> illicit activity associated with check cashing uses. The approval of <br /> this variance and subsequent conditional use permit has the potential <br /> to be detrimental to the public welfare in that by allowing a second <br /> Resolution No. 2009-11 <br /> Page 3 of 9 <br /> 31 A-33 <br /> <br />