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have been provided. As such a variance of 14 off-street parking <br />spaces is requested by the applicant. <br />2. Santa Ana Municipal Code Section 41-638 authorizes the Planning <br />Commission to grant a variance upon making certain findings. <br />That because of special circumstances applicable to the <br />subject property, including size, shape, topography, location <br />or surroundings, the strict application of the zoning <br />ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />The Bristol Warner Village shopping center is a <br />contained site surrounded by existing commercial <br />development. The size and shape of the property can <br />support an additional building as proposed by the <br />applicant. RK Engineering Group Inc., Traffic <br />Engineers, has prepared a shared parking analysis <br />and has determined that sufficient parking is available <br />for the project during times of peak demand. Granting <br />of the parking variance will allow the applicant the <br />ability to utilize their property in a manner that is <br />consistent with similar surrounding commercial and <br />professional uses in the area. <br />That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The granting of the parking variance will preserve the <br />property owners right to develop the property with a <br />new restaurant/retail building that is consistent with <br />development allowed in the General Commercial <br />(GC) zoning district. The new building provides an <br />upgrade to an older legal non-conforming shopping <br />center and preserves the property owners right to <br />upgrade and develop their property. <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 />The findings of the parking study completed by RK <br />Engineering Group Inc., Traffic Engineers, indicate <br />that there will be adequate parking on the subject site <br />at times of peak demand and therefore, the granting <br />Resolution No. 2006-026 <br />Page 7 of 14 <br />31 A-104 <br />