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