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1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, the strict application of the zoning ordinance is found <br />to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />chapter. <br />The project site has a special circumstance related to its <br />size, shape and location. The project was constructed in the <br />early 1970's as an industrial center. The buildings in the <br />center were low scale, were intended to accommodate <br />industrial users, and did not anticipate alternate uses such <br />as indoor sports facilities. At the time the building was <br />constructed the City's codes did not allow indoor sports <br />facilities within industrial buildings, as such this type of <br />building often need modification in order to accommodate <br />this use. As rock climbing facilities need tall vertical <br />structures that simulate natural environments and the <br />building as constructed cannot achieve this without an <br />increase in height, special circumstances exist that warrant a <br />variance. Maintaining the building height at its current 20 <br />foot height would affect the viability of the use at this location <br />and would provide an undue hardship to the property owner. <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 height standard would significantly limit <br />the building's viability as a rock climbing facility, which is a <br />conditionally permitted use within the SAMC. Further, the <br />granting of the height variance will preserve the property <br />owners right to develop and lease a vacant industrial <br />property with a use that is allowed in the zoning district. The <br />new use will help to revitalize a vacant industrial property, <br />which will preserve the property owners right to upgrade, <br />develop and lease their property. <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 detrimental to the <br />public or surrounding properties as the building and site will <br />constructed and rehabilitated to comply with all applicable <br />development standards except for the height and signage <br />requirements. The proposed height of the portion of the <br />building that would exceed the height limitation is 50 feet and <br />would not block access to light, air or obscure views. <br />Resolution No. 2012-06 <br />31A-21 Page 3 of 7