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need to make significant investments in upgrading the property and would need variances to . do so. c. That the granting of the variance(s) is necessary for the preservation and enjoyment of substantial property rights. Staff finds that the granting of these variances is necessary for the preservation and enjoyment of substantial property rights. In fact, under its present zoning, any use of this property at all would require some combination of variances. d. That the variances(s) will not impair an adequate supply of light and air to adjacent property. 1. Side setbacks and lot width: Staff finds that these variances will not impair an adequate supply of light and air to the adjacent properties, as these conditions already exist and have not been shown to impair the supply of light and air to adjacent properties. 2. Parking, rear setback and landscaping.• Staff finds that the variance will not impair an adequate supply of light and air to the adjacent properties. e. That the variance(s) will not impair the orderly use of the public streets; 1. Side setbacks and lot width: Staff finds that these variances will not impair the orderly use of the public streets, as these conditions already exist and have not been shown to cause such • impairment. 2. Parking, rear setback and landscaping: Staff finds that the variances will not impair the orderly use of the public streets. The prospective owners have made a good faith effort to keep as much parking as possible on the site and to confine the traffic impact to the part of Lindig that is immediately adjacent to the restaurant. f. That the variance(s) will not increase the danger of fire or endanger the public safety; 1. Side setbacks and lot width: Staff finds that these variances will not increase the danger of fire or endanger the public safety, as these conditions already exist and have not been shown to endanger public safety. 2. Parking, rear setback and landscaping: Staff finds that the variances will not increase the danger of fire or endanger the public safety. g. Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out. This property, a legal lot of record, is distinguished from other B-1 properties in that the sum of the required side setbacks is greater than the total width of the property. This creates a particular • Staff Report: 1871 Larpenteur Variances June 28, 2005 Page 3 of 5