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• structure measuring 44-feet 6-inches from the front property line would not be intrusive or detract from the character of the neighborhood. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. i. The approval of this variance will allow the property owner to continue with construction of asingle-family residence in a single-family neighborhood. The development of a single- family residence with the majority of the structure maintaining a 44-feet 6-inch front yard setback and 3-feet f - inch side yard setback will respect and continue the unusual setbacks found throughout the area. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. i. The granting of a variance will not be detrimental or injurious to the surrounding properties. The new structure will be aesthetically compatible with the surrounding properties, which offer a variety of residential designs and architecture. The encroachment into the prevailing front yard setback and side yard will not have a significant impact on the existing neighborhood character and will provide architectural design • that will enhance the area. The Land Use Element's Policy 3.1 states to support development which provides a positive contribution to neighborhood character and identity, a new single-family residence with the majority of the structure over 44 feet from the front property line addresses this policy. Goal 2.7 of the Urban Design Element states that projects must exhibit a functional, comfortable scale in relation to the neighborhood; the structure setbacks will accomplish this goal. 4. That the granting of a variance will not adversely affect the General Plan of the City. i. The requested variance will not adversely affect the General Plan, as it will be consistent with the goals and policies expressed in that document. Goal 3.5 of the Urban Design Element Policy Plan is to encourage residential alterations that are consistent with the architectural character of the neighborhood. The single-family residence will be architecturally compatible with the existing neighborhood. The encroachment into the front yard and side yard setback will not significantly impact the prevailing setback and has been designed to provide architectural consideration and • articulation. Resolution No. 2003-33 Page 2 of 4