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Variance No. 2004-13 August 22, 2005 Page 1 of 2 Findings of Fact A. That because of special circumstances applicable to the subj ect property, including size, shape, topography, location, 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. The size of the subject parcel creates a special circumstance applicable to the property, as the applicant is unable to increase the size of the lot without purchasing an additional parcel of land. Streets on two sides and an alley on the third side surround the rectangular shaped property. Therefore, the only opportunity the applicant has to increase the size of the land is to purchase the adj acent parcel of land. This parcel of land is presently developed with a non- conforming building and not for sale. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of a variance to reduce the minimum lot size requirement is necessary for the preservation and enjoyment of the property right to develop the site. The variance will allow the applicant the ability to operate a permitted use on the site. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of a variance to reduce the minimum lot size requirement will not be materially detrimental to the public welfare or potentially injurious to surrounding property. Conditions, such as a queuing intrusion monitoring program and its mitigation measures, in addition to other proposed conditions of approval are intended to alleviate any problems that may negatively affect the traffic circulation of the immediate surrounding area and the community at large. ftl~11 ~