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Variance No. 2008-03 <br />March 24, 2008 <br />Page 1 of 2 <br />Findings of Fact <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, 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 provisions of this Chapter. <br />The proposed reduction in the front yard setback will allow the <br />applicant the ability to construct a new addition to the <br />Gateway Plaza retail center. Due to the conveyance of land for <br />the widening of MacArthur Boulevard, the placement of the new <br />buildings was constrained. <br />B. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />The granting of the setback variance will preserve the <br />property owner's ability to develop the property with a <br />project that will be consistent with the General Commercial <br />(C-2) zoning district and with a project that is consistent <br />with the goals and policies of the General Plan. A condition <br />of approval has been incorporated that will require <br />additional, enhanced landscaping along MacArthur Boulevard to <br />mitigate the loss of setback area. <br />C. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br />The granting of the setback variance will not be detrimental <br />to the public welfare or injurious to surrounding property. <br />The proposed buildings will be buffered by landscaping and <br />outdoor plaza area and will allow the buildings to be placed <br />at the rear of the site, thereby reducing the impact to the <br />adjacent residential uses. <br />EXHIBIT 9 <br />75B-23 <br />