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intensification of use, this building is not able to <br />• accommodate its required parking demand on site, and must <br />rely on off-site parking to serve its parking demand. The <br />Midtown Specific Plan adopted provisions to allow shared <br />parking between uses that operate at different times to <br />mitigate the lack of parking in this area. Since the project is <br />located in the Midtown Specific Plan zoning district, and <br />shared parking is encouraged, the strict application of the <br />parking zoning ordinance would deprive the subject property <br />of privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />2. 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 a variance to allow off-site parking is <br />necessary for the preservation and enjoyment of the <br />applicant right to re-establish a permitted use on a <br />developed site. Parking is required for the economic viability <br />of the project, as well as for compliance with the City's <br />regulations. <br />3. That the granting of a variance will not be materially detrimental to <br />• the public welfare or injurious to surrounding property. <br />The granting of a variance for off-site parking will not be <br />materially detrimental to the public welfare or injurious to <br />surrounding property as conditioned. The conditions <br />established for the project are intended to mitigate any <br />concerns that would negatively affect the surrounding area <br />by insuring that required parking demand will be <br />accommodated in designated areas, which will be available <br />to patrons of the proposed venue. It is anticipated that the <br />project will enhance the economic stability of the area by <br />redeveloping a site with an evening use, extending the <br />potential of pedestrian activity in the local area. <br />4. That the granting of the variance will not adversely affect the <br />General Plan of the City. <br />The granting of the variance will not adversely affect the <br />General Plan of the City since the proposed theater and <br />restaurant has been designed in conformance with the City <br />zoning, development and General Plan requirements. <br />• <br />Resolution No. 2004-51 <br />Page 2 of 4 <br />