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The project site has a special circumstance related to its <br />size, shape and location. The building was constructed in <br />the 1965 and was previously used as a Kentucky Fried <br />Chicken restaurant. Subsequent to its construction, the <br />development standards for commercial developments were <br />modified, making it non-compliant with today's development <br />standards. The site is now constrained on all four sides, <br />making it infeasible to increase the size of the lot. Further, <br />the shifting of the building on the site further to the south to <br />comply with the setback standard would affect the driveway <br />on Bristol Street, which would affect the on-site circulation <br />pattern of the property. <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 the variance is necessary for the <br />preservation and enjoyment of substantial property rights. <br />Compliance with the lot size standard would be infeasible as <br />it would require the applicant to acquire a residentially zoned <br />property to the east that is within an established <br />neighborhood or a property used by a public utility company <br />south of the site. Meeting the setback standard would <br />require the demolition of approximately 500 square feet of <br />building area, which is a reduction of 44 percent of usable <br />area. This reduction would significantly reduce the feasibility <br />of the proposed use of the building, which impacts the <br />property rights of the owners. The granting of the variance is <br />necessary to preserve the property owner's rights and the <br />variance will allow the owner to rehabilitate and improve the <br />site for a new restaurant use that is consistent with the <br />general plan designation. <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 the variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property as <br />significant interior and exterior upgrades will be made to a <br />vacant building that will bring the site into compliance with all <br />applicable codes. Improvements such as a new building <br />fagade, a new parking lot, new landscaping and a new trash <br />enclosure will enhance this property as well as the <br />surrounding properties. Further, the proposed restaurant <br />use will not generate operational impacts to surrounding <br />Resolution No. 2011-08 <br />Page 2 of 6 <br />31 B-16