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• 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. Due to the unique characteristics of the lot, including the shape and 10 foot change in grade, the strict application of the setback requirements would deprive the lot of development privileges. In order to accommodate the required parking for the project, a lower level parking lot must be provided. The application of the setback requirement would result in the removal of parking for the hotel and to a severe parking shortage in the immediate area. The reduced setback will be mitigated through the addition and upgrading of landscaped materials within the remaining setback. B. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the setback variance will allow the applicant the ability to construct a new hotel and banquet facility on a site that is located within a master planner development. C. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The setback variance will not be detrimental to the surrounding area as the setback will be landscaped to be compatible with the setbacks of the development. D. That the granting of a variance will not adversely affect the General Plan of the City. The granting of the variance will not adversely affect the City's General Plan in any way as the land use designation of District Center (DC) encourages the construction of high intensity land uses such as the proposed Doubletree Hotel. 3. The Planning Commission approves Conditional Use Permit No. 00-026 as conditioned in Exhibit B hereto, which is incorporated herein by this reference as though fully set forth. This decision is based upon the evidence submitted at the abovesaid hearing upon which this Commission finds and determines as follows A. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or community? The proposed alcoholic beverage control license at a new restaurant within the Doubletree Hotel will provide a service to the community by making alcoholic beverages available for ancillary consumption at the restaurant and lounge. The alcoholic beverage control license • will not negatively affect the surrounding community, as conditions of approval have been included to reduce potential negative impacts and avoid the potential of an attractive