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The granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights. <br />Allowing the restaurant to be improved and reoccupied with <br />a reduction in the drive-through stacking lane will allow the <br />owner the ability to utilize the property with a well-designed <br />commercial use that is consistent with the North Harbor <br />Specific Plan zoning district (SP-2). Shifting the existing <br />building or relocating the menu board or pick-up window to <br />comply with the 80 foot stacking requirement (from the menu <br />board to the end of the drive-through lane) would reduce the <br />feasibility of the proposed commercial endeavor, which <br />impacts the property rights of the owner. <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />The granting of the variance will not be materially detrimental <br />to the public or surrounding properties as the building and <br />site have been designed to comply with all applicable <br />development standards. The new restaurant building and <br />related site improvements and landscaping will enhance this <br />property and surrounding area. The ledger stone veneer at <br />main entries and stucco materials, as well as decorative <br />metal awning, faux shutters, and wrought iron features are <br />proposed to enrich the elevation and contribute to the <br />character and aesthetics of the adjacent business <br />community and neighborhood. The addition of trees for <br />existing planters, new drought tolerant plant material, and <br />the addition of bike racks will also enhance the aesthetics of <br />the environment. <br />4. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br />The proposed use will not adversely affect the General Plan, <br />but rather support its goals. Goal 1 of the Land Use Element <br />encourages uses that promote a balance of land uses that <br />address basic community needs. The project is in <br />compliance with the North Harbor Specific Plan zoning <br />district and addresses the public interest of having more <br />restaurants to serve their needs. The project site has been <br />upgraded to comply with all applicable development <br />standards. Goal 2 encourages uses that enhance the City's <br />economic and fiscal viability. After being vacant for a year, <br />the project's occupation in the building will benefit the <br />economic viability of the area. Goal 5 ensures that the <br />impacts of development are mitigated. <br />Resolution No. 2012-xx <br />31A-20 Page 4 of 6