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<br />~ariance No. 2004-08 <br />~ptember 27, 2004 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. <br /> <br />That because of special circumstances applicable to the subj ect <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is <br />found to deprive the subj ect property of privileges not otherwise <br />at variance with the intent and purpose of the provisions of this <br />chapter. <br /> <br />. <br /> <br />The City approved the development on this site in 1965 to <br />serve as a bank and office building with 49 on-site parking <br />spaces. Due to changes in the City's regulations and <br />intensification of use, this building is not able to <br />accommodate its required parking demand on site, and must rely <br />on off-site parking to serve its parking demand. The Midtown <br />Specific Plan adopted provisions to allow shared parking <br />between uses that operate at different times to mitigate the <br />lack of parking in this area. Since the project is located in <br />the Midtown Specific Plan zoning district, and shared parking <br />is encouraged, the strict application of the parking zoning <br />ordinance would deprive the subject property of privileges not <br />otherwise at variance with the intent and purpose of the <br />provisions of this chapter. <br /> <br />B. <br /> <br />That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The granting of a variance to allow off-site parking is <br />necessary for the preservation and enjoyment of the applicant <br />right to re-establish a permitted use on a developed site. <br />Parking is required for the economic viability of the project, <br />as well as for compliance with the City's regulations. <br /> <br />c. <br /> <br />That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br /> <br />. <br /> <br />The granting of a variance for off-site parking will not be <br />materially detrimental to the public welfare or injurious to <br />surrounding property as conditioned. The conditions <br />established for the project are intended to mitigate any <br />concerns that may negatively affect the surrounding area by <br />insuring that required parking demand will be accommodated in <br />designated areas, which will be available to patrons of the <br /> <br />VA 04-8/ VA 04-10 <br />3f~1I-15 <br />