2005-040 - Approving Conditional Use Permit No. 2004-24

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or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. il. Due to the unique characteristics of the lot, including the shape and 10-foot change in grade, the strict application of the setback requirements would deprive the lot of development privileges. In order to accommodate the required parking for the project, å parking structure must be provided. The application of the setback requirement would result in the removal of parking for the residentiai development and a severe parking shortagl'i for the project. The reduced setback will be mitigated through the addition and upgrading of architectural and landscape materials within the remaining setback. That thl'i granting of a variance.. is necessary for the preservation arid enjoyment of one or more substantial property rights. The granting of the setback variance will allow the applic¡;¡ot the ability tq cons\ruct two new residential high-rise towers ana site that is located within a master planned development. iiI. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The setback variance will not be detrimental to the surrounding area as the sett¡ack will be laOdscapl'id to be compatible with the setbacks of the devølopment. Further, the setback variance is consistl'iot with a variance granted in 2000 for the DoubleTree Hotel located directly west of the project site. iv. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) encourages the construction of high intensity land uses such as the proposed Geneva Commons project. Resolution 2005.040 Page 50f61