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<br />Variance No. <br />May 10, 2004 <br />Page 1 of 1 <br /> <br />2004-02 <br /> <br />Findings of Fact <br /> <br />A. <br /> <br />That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br /> <br />There are special circumstances applicable to the subject <br />property. The building was constructed in the 1950s and was <br />previous used by the Auto Club. The current setback along <br />Tustin Avenue varies from 8 feet to 20 feet and from 5 feet to <br />11 feet along Lenita Lane. Due to age and roof configuration of <br />the building, it is not feasible to remove a portion of the <br />building to meet the current setback and landscape standards. <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 the variance will preserve the property owner's <br />ability to develop the property with a well-designed restaurant <br />and retail space that is consistent with the Community <br />Commercial (C1) zoning district. <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 />The granting of the variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property <br />because the proposed restaurant and retail space will not <br />generate additional operational impacts to surrounding <br />property. A Mitigated Negative Declaration was prepared and <br />mitigation measures have been incorporated into the project. <br /> <br />D. <br /> <br />That the granting of a <br />General Plan of the City. <br /> <br />variance <br /> <br />will <br /> <br />not <br /> <br />adversely <br /> <br />affect <br /> <br />the <br /> <br />The granting of the variance will not adversely affect the <br />General Plan of the City since the proposed restaurant and <br />retail space was designed in conformance with City zoning, <br />Development, and General Plan requirements. <br /> <br />VA 04-2IME 04-3 <br />31 'Ä~f'l7 <br />