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RESOLUTION NO. 85- 75 <br />PAGE TWO <br /> <br />them to be used for parking instead. The strict applic- <br />ation of the height-setback requirements on the building <br />tower would preclude it from being constructed in the <br />location having least visual impact on surrounding historic <br />buildings. One of the purposes of zoning regulations is <br />to promote development which is architecturally compatible <br />with surrounding properties. Strict application of the <br />height-setback requirements on the subject site would <br />deprive the subject site of the privilege of development <br />in accordance with this purpose. <br /> <br /> (2) Numerous buildings in the downtown area <br />of Santa Ana exist in legal nonconformity with the height- <br />setback requirements of Height District II. The ability <br />of the owner of the subject site to develop it in a man- <br />ner compatible with other properties in the area is a <br />substantial property right. This variance is necessary <br />to allow such development. <br /> <br /> (3) The modification of height-setback regu- <br />lations on the subject site will improve the compati- <br />bility of its development with surrounding properties. <br />It will not, therefore, have any detrimental effect on <br />the public welfare or surrounding properties. <br /> <br /> B. with regard to the partial waiver of off-street <br />parking requirements: <br /> <br /> (1) The subject site is located in the down- <br />town area of Santa Ana where public parking structures <br />have been constructed to accommodate the parking needs <br />of retail and service use shoppers and customers for <br />the area as a whole. It is only from the proposed pro- <br />vision of retail and/or service uses on the ground <br />level of the development of the subject site that the <br />need for a partial waiver of off-street parking arises. <br />The provision of such ground-level retail and/or service <br />uses is appropriate to provide a street level develop- <br />ment which is compatible with surrounding uses and <br />which contributes to the economic vitality of the down- <br />town area. Shoppers and customers of such retail/ <br />service uses will not make use of the parking structure <br />on the subject site to any great extent. Therefore, due <br />to the special circumstances of the subject site's <br />location and surroundings, the strict application of the <br />off-street parking requirements would deprive the subject <br /> <br /> <br />