Loading...
HomeMy WebLinkAbout79-192REL:ms 10/24/79 RESOLUTION NO. 79-192 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ZONING ADMINISTRATOR'S APPROVAL OF MINOR EXCEPTION APPLICATION 79-27 AND DENYING SAID MINOR EXCEPTION APPLICATION. WHEREAS, on October 15, 1979, a public hearing was duly held before the City Council of the City of Santa Ana on Minor Exception Application 79-27, which seeks to allow sale of beer and wine for on-site consumption in an existing restaurant within a shopping center located with 300 feet of residences, at 2413 South Fairview Street; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa ~nna as follows: 1. That based on such public hearing and on the oral and documentary evidence submitted therein, the City Council does hereby overrule the Zoning Administrator's approval of Minor Exception Application 79-27 and does hereby deny said Minor Exception Application. 2. That the City Council hereby adopts as its findings of fact for denial of said Minor Exception Application, the following: (a) There are no special circumstances applicable to the subject property, by which the strict application of the zoning laws would deprive the subject property of any privileges consistent with the intent and purposes of the said zoning laws. (b) The granting of the minor exception not necessary for the preservation or enjoyment of the right to use the property as a restaurant, or of any other substantial property right. (c) The granting of the variance would be detrimental to the public welfare and injurious to surrounding property for the following reasons: (1) Consumption of alcoholic beverages commonly and ordinarily increases noise and disturbance incident to restaurant use. (2) The presence of two other restaurants serving alcoholic beverages in near proximity to the subject property makes the addition of a third such restaurant excessive in terms of disturbance to nearby residential properties. ADOPTED this 5th day of November the following vote: , 1979, by AYES: COUNCILMEN: Bricken, Markel, Ward, Yamamoto NOES: COUNCILMEN: Serrato ABSENT: COUNCILMEN: Griset, Luxembourger ATTEST: oF APPROVED AS TO FORM: KEITH L. GOW, City Attorney MAYOR