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variance No. 2004-15 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. Due to restricted size of the parcel, combining the parking spaces and loading area allows the applicant the ability to develop a 683 square foot convenience store. Due to the reduced size of the convenience store and the fact that this is an ancillary use to the service station, the delivery of goods is anticipated to be infrequent and will not impact the site. 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 waive the loading area is necessary for the preservation of the applicant's right to develop the site with a retail use, which is permitted by right. Since the retail use is ancillary to the service station and most customers using the convenience store will park their vehicle by the fuel dispensers, requiring a parking stall and a loading area creates an unnecessary burden for a size restricted 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 the variance to waive the loading/unloading area will not be detrimental to the public welfare or injurious to surrounding properties. Conditions of approval, such as restricting all loading/unloading operations to occur on site where possible congestion can be monitored by the queuing intrusion monitoring program, restricting the sales of alcoholic beverages to keep the deliveries at a minimum and others have been developed to mitigate any potential negative impacts. 3"r~L2~