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7-26-77
RESOLUTION NO. 77-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA OVERRULING THE DECISION OF THE
ZONING ADMINISTRATOR AND DENYING MINOR EXCEP-
TION NO. 77-14.
WHEREAS, a public hearing was duly held before the
City Council of the City of Santa Aha on July 18, 1977, on
Minor Exception No. 77-14, to allow on-sale beer and wine in
an existing restaurant in a shopping center at 1451 West 17th
Street, within three hundred (300) feet of residential uses,
which Minor Exception was approved by the Zoning Administrator
on June 23, 1977,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SANTA ANA AS FOLLOWS:
1. That based on such public hearing and the oral
and documentary evidence submitted therein, the City Council
does hereby overrule the decision of the Zoning Administrator
and does hereby deny Minor Exception No. 77-14.
2. That the City Council makes the following Find-
ings of Fact:
a. There are no special circumstances applicable to
the subject property, in that there are no special features of
the property, such as size, shape, topography, location, or
surroundings,that would cause the strict application of the
zoning ordinance to deprive the property of privileges not
otherwise at variance with the intent and purpose of the pro-
visions of Chapter 41, Santa Aha Municipal Code.
b. The granting of the Minor Exception for the sale
of beer and wine within three hundred (300) feet of property
zoned or used for residential purposes is not necessary for the
preservation and enjoyment of any substantial property rights.
c. The granting of the Minor Exception will be
materially detrimental to the public welfare and injurious to
surrounding properties, in that the proposed sale of beer and
wine within three hundred (300) feet of property zoned for use
for residential purposes is not in the public interest.
d. The granting of a Minor Exception will not
adversely affect the general plan, since the proposed use is
consistent with the general planned designation of Community
Shopping Center.
ADOPTED this
following vote:
AYES:
1st day of August , 1977, by the
COUNCILMEN: Ward, ~Yamamoto, Bricken,
NOES:
ABSENT:
ATTEST:
FLORENCE I. MALONE
COUNCILMEN: Brandt
COUNCILMEN ~/i z~e
MAYOR
APPROVED ~ TO FOI~I.~.~
KEITH L. GOW
City Attorney
Evans