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Applicant's Statement., "Since the out building is in existing non-conforming use, e.g. residential use on property zone N-C, it deprives the property, of complete utilization. Because of the property shape, long and narrow, it is important to push the building to the property line." This finding can be made because the property's configuration and existing building place restrictions upon development in accordance with current regulations for commercial projects abutting residential zones. For parcels in the C-N zone that are adjacent to other parcels commercially zoned, there is no side yard setback requirement. However, if the subject lot abuts property developed with residential uses, property zoned residentially, or property shown on the General Plan Map for residential development, said side yard shall be increased to twenty (20)feet in width (Development Title Section 9-410.5[#x][1]). The existing structure was erected in 1971. At that time, the setback requirement for a commercial project adjacent to a property zoned for residential use was ten (10) feet, which the applicant complied with. The applicant is deprived the privilege of expanding his building as proposed in compliance with today's setback requirement of twenty (20) feet because this stricter requirement was not in effect a the time of his proposal. In addition, the parcel is narrow, with a width of seventy (70) feet. This parcel configuration severely limits the type of development and the size of buildings that can be put on the property. By strictly applying the setback requirement, there would be no room to fit the required number of parking spaces for the uses proposed for the site. The applicant has stated a tax office may be a potential use, but at this time is not sure specifically which uses will be proposed. However, the applicant also stated it will be a use type similar to Professional Services. Development Title Section 9-1015.3 (Table 9-1015.3[b]) states the Professional Services use.type requires 3.3 parking spaces per 1000 square feet of building., As a result, a minimum of 9 parking spaces will be required, including one van accessible space, in addition to the existing parking spaces. Regardless of the setback, a one hour fire wall will be required by the Building Division. A solid masonry wall six (6) to seven (7) feet in height will be required along the abutting property line to the north. Since the applicant will be required to have a masonry wall and fire wall between the subject lot and the adjacent property to the north, screening will be provided for the residence from the business activities. Finding Two: No Special Privileges The granting of the Variance will not constitute' a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Applicant's Statement. ' "There is no side.yard setbacks upon properties zoned N-C. We are asking for what is j allowed for this zone. This finding can be made because all other development title f ordinance requirements can be satisfied. The applicant is not asking for privileges that are not consistent with requirements in the N C zone. This applicant will be required to build a two-hour firewall to buffer the adjacent residence from the commercial business operation proposed for the parcel. Absent the existing, non-conforming residential use on the adjacent property, the applicant would still abide.by the regular side yard setback required for parcels in the N-C zone. There are no required setbacks in the N-C zone. As a result, the granting of the variance application will not constitute a grant of special privileges. Special privileges in consistent with the limitation upon other properties in the vicinity and zone." 2