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05/09/2005 <br />That based on the staff report, as well as oral and written information provided by <br />the Business and staff, this Council hereby finds as follows: <br />a. That the applicant has made a substantial investment in the Business <br />related to maintenance of the current inventory and customer base <br />through advertising, interior decorations, up -keep and minor exterior <br />alterations. In addition, the lease for the Business expires on December <br />31, 2005, and the Business would be subject to penalties for early <br />termination of the lease should the Business be required to close by July <br />12, 2005. <br />b. That the Business consists of store fixtures, counters, computer and <br />arcade equipment that cannot be readily converted to another use prior to <br />the lease expiration date of December 31, 2005. <br />C. That the Business has been located on the Property for at least 20 years <br />and most of the investment into the Business was made prior to the <br />effective date of the Ordinance 1130.2193 (July 12, 2000). <br />d. That the Business will be unable to recoup the substantial investment by <br />July 12, 2005 in that the store fixtures, counters, computer and arcade <br />equipment cannot be readily converted to another use and that the <br />Business would be subject to penalties for early termination of the lease <br />should the Business be required to close by July 12, 2005. <br />e. That the Business has made good faith efforts to recoup its investments <br />and to relocate the use to a location in conformance with Section 27.3 of <br />the Ordinance, in that a representative of the Business has been working <br />with City staff to find an appropriate relocation site that conforms to the <br />location criteria contained in the Ordinance. Moreover, the Business <br />representative has indicated that he has visited numerous relocation sites <br />and is in the process of contacting real estate and leasing agents related <br />to relocating the use. <br />2. As required by Section 27.5 of the Ordinance, and based on the above findings, <br />this Council hereby approves a one -time extension of the time for terminating the <br />nonconforming use on the Property for a period of six months from July 12, 2005, <br />with said time for termination of the nonconforming use to be January 12, 2006. <br />3. That this Resolution will be effective upon adoption. <br />Atty /Reso /Reso.1536 14642 <br />050305 2 Muff # 301 <br />