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Variance No. 2009-02 <br />April 13, 2009 <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, 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 />The MacArthur Place South site is a contained site surrounded by <br />existing commercial and residential developments. The shared <br />parking analysis, prepared by Fehr & Peers has determined that <br />sufficient parking will be provided for the project during times <br />of peak demand. The parking variance will allow the applicant <br />the ability to use the property in a manner that is consistent <br />with similar surrounding commercial, residential and <br />professional uses. <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 variance to allow reduction in parking <br />requirement will preserve the property owner's ability to <br />develop the property with a high quality hotel that is <br />consistent with the Specific Development No. 76 (SD-76) zoning <br />district. The shared parking analysis, prepared by Fehr & <br />Peers has determined that sufficient parking will be provided <br />on site in a combination of surface and structured parking <br />during times of peak demand. <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 variance to allow reduction in parking <br />requirement will not be materially detrimental to the public <br />welfare or injurious to surrounding property. Conditions have <br />been added requiring the submittal of a parking management <br />plan for the surface parking lot relating to the use of tandem <br />valet parking spaces. A separate condition has been added to <br />requiring valet service on a 24-hour basis for hotel guests. <br />AMENDMENT TO ZOA09-4, <br />DA05-2, CUP09-S &VA09-2 <br />EXHIBIT 14 <br />75B-40 <br />