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• Special circumstances apply to the subject site that <br />necessitates an encroachment into required setback for the <br />project. As a result of the Bristol Street widening project, the <br />site is shallow, requiring the building to be narrow and long. <br />The additional requirement to chamfer the corner of the <br />building makes the narrow portion of the building too narrow <br />to be usable and the suite too small to be economically viable. <br />In order to create additional depth to the building, the <br />applicant proposes to extend the chamfered corner beyond <br />the building facade into to setback. Therefore, due to the <br />shape of the site, the strict application of the code would <br />preclude the owner from replacing the building with one of <br />equal size. <br />2. That the granting of a minor exception is necessary for the <br />preservation and enjoyment of one or more substantial property <br />right. <br />The approval of this minor exception will allow the property <br />owner to construct a replacement building with a restaurant of <br />the approximate same size as the one currently on the site. <br />• 3. That the granting of a minor exception will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />The granting of the minor exception to encroach into the <br />required setback will not be detrimental to the public welfare <br />or injurious to the surrounding properties. An eight-foot tall <br />sound wall will be constructed that visually and physically <br />separates this building from the adjacent residential uses. <br />The wall will extend to the edge of the street, encroaching <br />into the setback and creating a distinct separation between <br />uses. <br />4. That the granting of the minor exception will not adversely affect the <br />General Plan of the City. <br />The granting of the minor exception will not adversely affect <br />the General Plan of the City as the development will be <br />consistent with the goals and policies expressed in that <br />document. Goal 2 of the Land Use Element is to promote <br />land uses which will enhance the City's economic and fiscal <br />viability. Policies 2.7, 2.8, 2.9 and 2.10 state: Support <br />• projects that contribute to the redevelopment and <br />revitalization of the central city urban areas; Promote <br />Resolution No. 2009-14 <br />Page 2 of 5 <br />