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<br />1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br /> <br />The proposed townhomes are a unique type of residential <br />product that has not been constructed in the city for several <br />years. Although the City's established townhome standards <br />require guest parking in the amount of four parking spaces <br />per unit, a survey conducted by staff revealed that the nature <br />of this type of development requires less parking than is <br />addressed by the current code. Based on the results of the <br />parking survey, it is anticipated that the proposed request to <br />reduce the parking requirement of the project from 4 to 3.2 <br />parking spaces per unit will not result in inadequate parking <br />capacity. The variance will allow the applicant the ability to <br />use the property in a manner that is consistent with the <br />current requirements for townhomes in surrounding cities. <br /> <br />2. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br /> <br />The granting of the variance will preserve the applicant's <br />ability to develop an otherwise underutilized site which has <br />been vacant for several years. John Laing Homes would like <br />to proceed with a request for a decrease from 4 to 3.2 <br />parking spaces which is consistent with other similar sized <br />projects that have been built without negative impacts. <br /> <br />3. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of the variance will not be materially detrimental <br />.to the public welfare or injurious to surrounding property as <br />the unit orientation and location of proposed townhomes <br />have been situated to avoid impacts to the homeowners to <br />the north and east of the site. Townhome parking will be <br />provided directly below each townhome, with guest parking <br />situated to the north of the site and screened from existing <br />residences with a seven-foot high decorative wall and <br />landscaping. Additionally, a mitigated negative declaration <br />was prepared which incorporated various mitigation <br />measures to ensure that any impacts are reduced to below <br />any level of significance. <br /> <br />Resolution No. 2005-114 <br />Page 4 of 31 <br />