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1. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or surroundings, <br />that the strict application of the zoning ordinance is found to deprive <br />the subject property of privileges not otherwise at variance with the <br />intent and purpose of the provisions of this Chapter. <br />The project site has a special circumstance related to its size, <br />shape and location. Due to the site being surrounded by <br />development, and the unique rectangular shape of the lot, the <br />applicant is unable to obtain additional land to build a structure <br />that can meet the setback standards and be lower in height. <br />Also, it is infeasible to construct a car wash facility with a <br />ceiling height that meets code due to the type of trucks and <br />vehicles that will need access to the facility. As a result, <br />special circumstances exist that warrant a variance. <br />2. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br />The granting of the variance is necessary for the preservation <br />and enjoyment of substantial property rights. Allowing the <br />buildings to be constructed with a reduced setback and <br />height variance will allow the owner the ability to construct a <br />new car wash on partially vacant and underutilized parcels of <br />land. Shifting the building to comply with the height standard <br />would significantly reduce the ability to construct a car wash, <br />which impacts the property rights of the owners. The strict <br />application of the standards would also result in an impact to <br />the vacuum station area and internal circulation pattern of <br />the site, which would make the car wash unfeasible at this <br />location. Therefore, the granting of the variance is <br />necessary for the preservation and enjoyment of substantial <br />property rights and will preserve the property owners right to <br />develop a vacant and underutilized properties with a use that <br />is allowed in the zoning district and will assist in revitalizing <br />the area, which preserves the property owners right to <br />upgrade and develop 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 <br />have been designed to comply with all applicable <br />development standards except for the landscape and height <br />Resolution No. 2016-41 <br />Page 4 of 11 <br />31A-27 <br />