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Resolution No. 2018-xx <br />Page 2 of 10 <br />The project site has a special circumstance that warrants <br />approval of a variance. First, the building currently does not <br />comply with the City’s setback standards. When the <br />structure was built in 1969, zoning and development <br />standards such as setbacks differed. To comply with the <br />current development standards of the Arterial Commercial <br />(C-5) zoning district, approximately 2,000 square feet of the <br />two-story building would have to be demolished to make the <br />building comply with code. This would effectively result in a <br />significant burden on the property owner. Further, since <br />other buildings along the Seventeenth Street corridor do not <br />comply with the setback standard, this building would be <br />inconsistent with the development pattern of the area. <br />Finally, by allowing the building to expand and maintain the <br />existing setback, it will assist in improving vehicular and <br />pedestrian circulation on the site. As a result, special <br />circumstances exist that warrant a variance. <br />2.That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights. <br />Allowing the building to remain and expand with a reduced <br />setback will allow the owner the ability to construct a larger, <br />more functional building on an underutilized parcel of land. <br />Therefore, the granting of the variance is necessary for the <br />preservation and enjoyment of substantial property rights <br />and will preserve the property owner’s right to develop on <br />the site with a use that is allowed in the zoning district and <br />will assist in revitalizing the area, which preserves the <br />property owner’s right to upgrade and develop its property. <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 detrimental to the <br />public or surrounding properties as the building and site <br />have been designed to comply with applicable development <br />standards except for landscape setbacks, driveway location <br />and fence height. The building expansion and related site <br />improvements such as new architectural elements and <br />landscaping will enhance this property and benefit the <br />surrounding properties. The proposed addition has been <br />designed to be compatible with the surrounding properties, <br />including the adjacent residential properties, through site <br />design and conditions of approval. The proposed project will <br />2-13