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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />the Subject Site, which could lead to a congregation of undesirable elements in the area <br />and a potential increase in crime; <br />WHEREAS, the Planning Commission found that because the Subject <br />Site is in close proximity to the La Cadena Drive Historic District and to one of the key <br />entrances to the City, it would not be in the interest of the public welfare of the citizens of <br />the City to grant the Hard Liquor CUP, and that granting the Hard Liquor CUP could lead <br />to negative aesthetic effects related to hard liquor advertisements; and <br />WHEREAS, based on the above referenced findings, the Planning <br />Commission denied the Hard Liquor CUP; and <br />WHEREAS, a timely appeal of the denial of the Hard Liquor CUP was <br />received by the City Clerk ("Appeal"); and <br />WHEREAS, on December 19, 2006, the City Council of the City ("City <br />Council") conducted a duly noticed public hearing on the Appeal at which time all <br />persons wishing to testify in connection with the Appeal and the application for the Hard <br />Liquor CUP were heard, and the Appeal and the application for the Hard Liquor CUP <br />were comprehensively reviewed and considered; and <br />WHEREAS, all other legal prerequisites to the adoption of this Resolution <br />have occurred. <br />NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: <br />SECTION 1. The Recitals set forth above are true and correct and are <br />incorporated herein by reference. <br />SECTION 2. Based on the entire record before the City Council, all <br />written and oral evidence presented, and the findings made in this Resolution, the City <br />Council hereby denies the Appeal and upholds the decision of the Planning Commission <br />RVPUB\HSHANE\724903.1 <br />-3 - <br />