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EXHIBIT "D" FINDINGS OF FACT FOR VARIANCE NO. 2001-05 A. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; The Marriott Springhill Suites in Hutton Centre site is a contained site within the General Plan district center. The area was originally developed as a mixed-use regional activity center. The location of the project in a district center makes it appropriate to consider shared parking and empirical parking generation ratios for this particular use in order to facilitate the goals and objectives of the district center. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights; The project fulfills the original mixed-use plan concept envisioned for the area. The use of the shared parking concept is consistent with the City's policy directive for mixed-use district center development areas. Shared parking is the use of parking by two or more uses without conflict or encroachment. Given that retail, restaurant, and hotel uses have inherent different peak demand, it is appropriate to apply this analysis. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property; The proposed hotel should not adversely affect the present and future economic stability of property in the surrounding area. The hotel and its design will provide visual improvement to the area. As conditioned, the project should not have any impacts on the economics of the area. D. That the granting of a variance will not adversely affect the General Plan of the City; The granting of a reduction in the parking ratio for use in the shared parking analysis is consistent with the goals and objectives of the City's circulation and land use elements of the General Plan. •