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<br />Variance No. 2004-11 <br />November 22, 2004 <br />Page 1 of 1 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location, or <br />surroundings, the strict application of the zoning ordinance is found <br />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 />Due to the unique characteristics of the lot, including the <br />shape and 10-foot change in grade, the strict application of the <br />setback requirements would deprive the lot of development <br />privileges. In order to accommodate the required parking for <br />the project, a parking structure must be provided. The <br />application of the setback requirement would result in the <br />removal of parking for the residential development and a severe <br />parking shortage for the project. The reduced setback will be <br />mitigated through the addition and upgrading of architectural <br />and landscape materials within the remaining setback. <br /> <br />B. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br /> <br />The granting of the setback variance will allow the applicant <br />the ability to construct two new residential high-rise towers on <br />a site that is located within a master planner development. <br /> <br />C. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The setback variance will not be detrimental to the <br />surrounding area as the setback will be landscaped to be <br />compatible with the setbacks of the development. Further, the <br />setback variance is consistent with a variance granted in 2000 <br />for the DoubleTree Hotel located directly west of the project <br />site. <br /> <br />D. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br /> <br />The granting of the variance will not adversely affect the <br />City's General Plan in any way as the land use designation of <br />District Center (DC) encourages the construction of high <br />intensity land uses such as the proposed Geneva Commons project. <br /> <br />CUP 04-24/DA 041~ 04-5 <br />SPR 04-6~fil~~ f~ 04-5 <br />