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Due to the configuration of the lot and existing <br />development located on the project site, denial of the <br />variance would deprive the property owner the <br />privilege of constructing an additional structure for the <br />existing child care facility. The site meets the <br />required development standards for the Single Family <br />Residential (R1) zoning district except for the required <br />front yard landscape setback. The applicant is <br />proposing to modify the existing drive aisle to a one <br />way direction in order to provide 10 feet of landscape <br />setback. In addition, the existing child care facility <br />entrance is situated to the existing drive aisle for easy <br />access from the passenger loading and unloading <br />area. Lastly, the lot is a 4.26 acre triangular shaped <br />lot that provides a large amount of landscaped area. <br />The site contains an existing day care facility and <br />convent, and the structures cannot be easily relocated <br />to accommodate both the drive aisle and the 20 feet <br />of required landscape. Policy 2.10 of the Land Use <br />Element encourages the rehabilitation of properties <br />and capital investment within the City. <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 />The granting of the variance would allow the property <br />owner the opportunity to develop a quality multi- <br />purpose building for the existing child care facility on <br />site. Not allowing the variance would require that the <br />existing configuration of the building entrance be <br />modified. The entrance for the existing child care <br />facility is currently oriented towards the existing drive <br />aisle. By relocating the existing loading and <br />unloading zone, the parents and students will park <br />further away from the child care facility entrance <br />which will create potential safety issues for loading <br />and unloading of children. Policy 5.1 of the Land Use <br />Element emphasizes supporting developments that <br />have a net community benefit. <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 proposed multi-purpose structure will have no <br />detrimental impacts to the surrounding properties. <br />The size, scale, and design of the proposed structure <br />are consistent with the existing structures on the site <br />Resolution No. 2009-02 <br />Page 2 of 8 <br />31 A-13 <br />