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043 <br /> <br />Appeal No. 96-02 <br />May 6, 1996 <br />Page 1 of 1 <br /> <br />F~ndinqs of Fact <br /> <br />Are there special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, which the strict application of the 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 />Due to the size of the subject site, its location bound by <br />two freeways and the type of development on the property, <br />the strict application of street landscaping, parking lot <br />landscaping and general commercial parking standards is not <br />within the intent and purpose of the original regional mall <br />concept. Strict interpretation of the code would create a <br />disruption of the existing development pattern. The <br />current development pattern meets the intent of the code. <br /> <br />Is the granting of a variance necessary for the preservation and <br />enjoyment of one or more substantial property rights? <br /> <br />The variance will extend the right to build based on the <br />original development plan which was reviewed and approved <br />under previous development standards. <br /> <br />Co <br /> <br />Will the granting of a variance be materially detrimental to the <br />public welfare or injurious to surrounding property? <br /> <br />The granting of the variance will allow for the mall <br />expansion in a manner consistent with existing improvements <br />without a negative impact to neighboring properties. <br /> <br />Will the granting of a variance adversely affect the General <br />Plan of the City? <br /> <br />The granting of the variance for the mall expansion will <br />help facilitate the mixed use goals and objectives of the <br />District Center land use designation which calls for <br />intensification and diversity of uses. <br /> <br />EXHIBIT B <br /> <br /> <br />