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Variance No. 2005-62 November 28, 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, 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 project site is rectangular in shape and approximately 3.2 acres in size and located in the City's hotel district, referred to as Hotel Terrace (SD-12). There is nothing unique about the size or shape of the property that would keep the project from meeting the letter of the zoning code. The project when originally approved met the parking standards for a hotel and could meet current standards by reducing the number of rooms proposed for the proposed long-term stay business hotel. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The property currently operates as a hotel and could continue to do so without the need of the proposed variance. The applicant is proposing to change the use of the property from a hotel to a long-term stay business hotel, which is not permitted by current zoning regulations. The variance is not needed for the preservation and enjoyment of the owner's substantial property rights as the property could continue to function as a hotel without the need of a parking variance. 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 for parking for a long-term stay business hotel, which is a use that is not permitted within Specific Development Plan No. 12, would be detrimental to the public welfare and injurious to surrounding property. f5l~gg