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<br />ii. That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br /> <br />The granting of the variance is not necessary for the <br />preservation and enjoyment of property right since the <br />property currently exists as a legal parcel with <br />nonconforming setback, landscaping and parking. A <br />legal non-conforming building and/or site could <br />continue to be used or occupied without the need to <br />comply with current code. The granting of the <br />setback, landscaping and parking variances will <br />prohibit this property to be brought into conformance <br />with the city development standards when future <br />development occurs. <br /> <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br /> <br />Adequate setbacks and landscaping are utilized to <br />create visual continuity and a consistent streetscape <br />that contributes to the urban commercial character of <br />Tustin Avenue. Further, the City has only approved <br />variances to allow parking reductions for large <br />commercial development with a shared parking <br />analysis to demonstrate two or more individual land <br />uses could share parking spaces without conflict or <br />encroachment. Further, Tustin Avenue is one of the <br />designated paths in the Urban Design Element of the <br />General Plan. Policy 3.3 of the Urban Design <br />Element encourages enhanced landscaping to be <br />provided to visually strengthen the path and enhance <br />adjacent development. Adequate setbacks and <br />landscaping are utilized to create visual continuity and <br />a consistent streetscape that contributes to the urban <br />commercial character of Tustin Avenue. The granting <br />of the parking, setbacks and landscaping variances will <br />be materially detrimental to the public welfare or <br />injurious to the surrounding property by allowing a <br />commercial development that is not in scale and <br />character with existing development in the area. <br /> <br />iv. 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 adversely affect the <br />General Plan of the City. Tustin Avenue is one of the <br />designated paths in the Urban Design Element of the <br /> <br />32A-13 <br /> <br />Resolution No. 2005-78 <br />Page 4 of 6 <br />