20121008_2012-11_3825WFirst St - Laserfiche WebLink

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• The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Allowing the restaurant to be improved and reoccupied with a reduction in the drive-through stacking lane will allow the owner the ability to utilize the property with awell-designed commercial use that is consistent with the North Harbor Specific Plan zoning district (SP-2). Shifting the existing building or relocating the menu board or pick-up window to comply with the 80 foot stacking requirement (from the menu board to the end of the drive-through lane) would reduce the feasibility of the proposed commercial endeavor, which impacts the property rights of the owner. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be materially detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards. The new restaurant building and related site improvements and landscaping will enhance this property and surrounding area. The ledger stone veneer at main entries and stucco materials, as well as decorative metal awning, faux shutters, and wrought iron features are proposed to enrich the elevation and contribute to the character and aesthetics of the adjacent business community and neighborhood. The addition of trees for existing planters, new drought tolerant plant material, and the addition of bike racks will also enhance the aesthetics of the environment. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed use will not adversely affect the General Plan, but rather support its goals. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. The project is in compliance with the North Harbor Specific Plan zoning district and addresses the public interest of having more restaurants to serve their needs. The project site has been upgraded to comply with all applicable development standards. Goal 2 encourages uses that enhance the City's economic and fiscal viability. After being vacant for a year, the project's occupation in the building will benefit the economic viability of the area. Goal 5 ensures that the impacts of development are mitigated. • Resolution No. 2012-11 Page 4 of 6