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Variance Amendment No. 1995-09 August 8, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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. The Ri verview West Marketplace is a contained site surrounded by existing commercial development. The shared parking analysis, prepared by Douglas MacPherson, Traffic Engineer, has determined that sufficient parking will be provided for the proj ect during times of peak demand. The variance will allow the applicant the ability to use the property in a manner that is consistent with similar surrounding commercial uses. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance will preserve the owner's ability to provide new development within an underutilized shopping center. The proposed tenants will bring additional revenue and clientele to the existing shopping center and will not create any encumbrances to property rights. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public welfare or injurious to surrounding property because the proposed tenant pads are within an existing shopping center that will not generate additional operational impacts to the surrounding areas. A mitigated negative declaration was prepared which incorporated various mitigation measures to ensure that any impacts are reduced to below any level of significance. CUP 05-21NA 95-9 EXHIBIT 10 31A-21