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FINDINGS FOR VARIANCE <br /> PA-1900287 <br /> SJ VALLEY LP/CAPITOL AVENUE DEVELOPMENT & INVESTMENTS <br /> Finding 1 : Special Circumstances <br /> Because of the special circumstances applicable to the property , including size , shape , topography , <br /> location , or surroundings , the strict application of the regulation deprives the property of privileges enjoyed <br /> by other property in the vicinity and under identical zoning classification . <br /> • The strict application of the regulation does deprive the property of privileges enjoyed by other <br /> properties in the vicinity under the same zoning classification because the project abuts a <br /> residentially developed area that impacts the buildable area on site . The remainder of the <br /> property is fully developed , and the proposed structure will cover existing parking stalls to <br /> provided security around cars held as evidence , and strict application of the rule does not <br /> permit for providing coverage over the existing parking area . The area will remain as a parking <br /> area , and no new use is proposed within the setback . <br /> Finding 2 : No Special Privileges <br /> The granting of the Variance will not constitute a grant of special privileges inconsistent with the limitations <br /> upon other properties in the vicinity and zone in which the property is situated . <br /> • The granting of this Variance will not constitute a grant of special privileges for the proposed <br /> carport shelter. The proposed Variance will allow the proposed facility to maintain a similar <br /> setback as structures on the neighboring residential properties within the vicinity . Additionally , <br /> the proposed structure will cover existing parking stalls for security purposes , no new use is <br /> proposed . <br /> Finding 3 : Use Authorized <br /> The Variance will not authorize a use or activity , which is not otherwise expressly authorized by the <br /> regulation governing the parcel of property . <br /> • This finding can be made because the Variance application does not authorize a use that is not <br /> otherwise expressly authorized by the General Plan or Development Title . If the Variance <br /> application is approved , the applicant must apply for the applicable building permits to construct <br /> the new carport shelter structure . <br /> PA- 1900287 - Findings 1 <br />