Reso25-35_1441 E. 17th St. VAR-25-02

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Resolution No. 2025-35 Page 3 of 14 Strict application of these requirements would eliminate essential buildable area, preclude the minimum 36 on-site parking spaces, disrupt required drive-aisle widths, and potentially require abandonment and demolition of the structurally sound basement, an outcome that yields no public benefit and would effectively prevent reasonable redevelopment of the property. These circumstances demonstrate that, due to its unique size, shape, constraints imposed by the existing basement, and corner-lot configuration, strict adherence to the zoning ordinance would deprive the property of development opportunities and privileges commonly enjoyed by comparable parcels in the P zone. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting the requested variances is necessary to allow the Applicant to exercise substantial property rights enjoyed by other properties within the P zoning district. Specifically, the right to reasonably redevelop the site with a permitted institutional use consistent with the underlying zoning and General Plan designation. Churches and other assembly uses are expressly allowed in the P district with approval of a Conditional Use Permit. However, strict application of the required 15-foot front and street-side setbacks, 15-foot landscaped yards, 5-foot interior side landscaped area, 10- foot rear landscaped buffer, and 108 on-site parking stalls would make development of any functional religious institution physically infeasible on this uniquely constrained lot. Because the subject property is significantly smaller than typical office parcels along Seventeenth Street, has double- frontage, and contains an existing 11,313-square-foot basement that dictates the feasible building footprint and circulation pattern, the site cannot meet all setback, landscaping, and parking standards without eliminating the usable building area required for assembly space, ADA- compliant circulation, offices, and support functions. Strict adherence to these standards would result in a building so reduced in size and functionality that no meaningful religious assembly use could be accommodated. It would also require removal of the structurally sound basement, an extraordinary burden not faced by similarly zoned parcels. By granting the variances, the property owner can utilize the site in a manner consistent with other properties in the P zoning district and in alignment with the General Plan’s Professional and Administrative Office (PAO) designation,