31B - VARIANCE - 2702 N BRISTOL ST

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Variance No. 2012-07 September 24, 2012 Page 3 Variance requests are governed by Section 41-638 of the SAMC. Variance requests may be granted when it can be shown that the following can be established: • That there exists a special circumstance related to the property, such as size, shape, topography, location or surroundings. • That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. • That the granting of the variance will not be detrimental to the public or surrounding property. • That the granting of the variance will not adversely affect the General Plan. If these findings can be made, then it is appropriate to grant the variance. Conversely, the inability to make these findings would result in a denial. Using this information, staff has prepared the following analysis, which forms the basis for the recommendation contained in this report. The project site has a special circumstance related to its size, shape and location. The property has a deed restriction on the northwest section of the site that encompasses over 2,000 square feet of lot area (45 feet by 46 feet). This deed restricted area grants a vehicular easement to the adjacent apartment complex in perpetuity and is unable to be integrated into the project site. This restriction on the property severely limits the use of the site, affects the on-site vehicular circulation system, and restricts the placement of the building. Further, the site is located at an intersection of two major arterial streets, is in close proximity to a heavily utilized bus stop and is in an area that contains a large volume of pedestrian traffic. The shifting of the building closer to the street is necessary to allow development of the site as well as to provide and encourage pedestrian accessibility. Also, the reduced setback will assist in improving vehicular and pedestrian circulation to the site. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the building to be constructed with a reduced setback will allow the owner the ability to construct a new commercial bank building on a vacant parcel of land. Shifting the building to comply with the setback standard would significantly reduce the feasibility of the proposed use of the building, which impacts the property rights of the owners. • The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the landscaped setbacks. The new building and related site improvements, such as new landscaping, will enhance this property as well as the surrounding properties. Finally, the proposed building will not generate operational impacts to surrounding properties. 31 B-5