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Conditional Use Permit No. 2014 -54 Variance No. 2014 -09 January 12, 2015 Page 5 Police Department Analvsis (24 Hour Operation The Police Department has reviewed the proposed request for after -hours operation as part of the proposed convenience store. It has been determined that the project's location at 2016 West Seventeenth Street is in an area with below- average police incidents, ranking 34th out of 102 citywide districts in total number of police- related incidents. Concerns from the site's proximity to multi - family residential developments and with nuisances that could result from after -hours operations have been mitigated through the conditions of approval and the development standards of the site, including extending existing block walls adjacent to sensitive uses, installation of security cameras, and the absence of parking at the rear of the store that would abut neighboring residences. Due to the presence of these mitigating factors, the Police Department recommends approval of the conditional use permit. Variance Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. Thrifty Oil Company is requesting approval of a variance to allow a reduction in required lot size requirements for an existing nonconforming lot in the C1 (Community Commercial) zoning district. The existing site contains a total of 13,556 square feet and maintains approximately 290 feet of street frontage facing Seventeenth and King Streets. Although the site complies with the minimum frontage requirements in the C1 district, the lot is nonconforming due to not meeting the minimum lot size standard. Section 41 -683 of the Santa Ana Municipal Code requires all nonconforming buildings or uses which are vacant, unused or unoccupied for a period of 12 consecutive months to comply with current code. 31A-7