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38 November 17, 2014 <br />Page 6 <br />c. The variance, if granted, will not alter the essential character of the locality; and <br />If the variance is granted, the use of the Property as a commercial district will not <br />change. The mixture of uses between commercial (service) type uses and residential <br />uses has existed for several decades. While it is acknowledged that having a restaurant <br />will increase the intensity of the use (as opposed to the existing vacant space), having <br />this mixture of uses promotes the visions of the City by creating a sustainable and <br />walkable environment. The building will not be altered physically in any way (besides <br />new signage) and the overall site and parking layout will remain the same. Criteria met. <br />d. Economic considerations alone are not the basis of the practical difficulties. <br />The basis for the practical difficulties is that the parking lot is existing in its current <br />layout and size. It does not appear that economic considerations alone are the basis of <br />the practical difficulties. Criteria met. <br />3. The variance, if granted, would be consistent with the City's comprehensive land use plan. <br />If the variance is granted the use of the property would remain the same land use as it is today, <br />commercial. The comprehensive plan guides this area for commercial use and the proposed <br />restaurant use will not alter that use. Criteria met. <br />4. The granting of the variance is in harmony with the general purposes and intent of the zoning <br />code. <br />The intent of the zoning code is to protect the health, safety, and general welfare of the city and <br />its people through the establishment of minimum regulations governing land development and <br />use. The zoning code is established to: <br />a. Protect the use districts; <br />The proposal would not change the use of the property. The current use (and proposed <br />use) as a commercial business is consistent with the City Code and uses outlined within. <br />Criteria met. <br />b. Promote orderly development and redevelopment <br />The proposal seeks to fill a currently vacant portion of a commercial building that has <br />been used as a restaurant use in the past. Having dining options within walking distance <br />from single-family residential neighborhoods encourages walkable and sustainable <br />neighborhoods. Criteria met. <br />c. Provide adequate light, air, and access to property; <br />The proposal would not negatively impact adequate light or air from reaching the <br />property or adjacent properties as the existing buildings and site layout will not be <br />modified as part of the proposal. Criteria met. <br />d. Prevent congestion in the public streets, <br />While additional vehicle and pedestrian trips will be made to and from the site with the <br />addition of a restaurant use, the proposal is not anticipated to have an impact on the <br />traffic or congestion in the public streets. If all parking spaces are fully utilized within <br />the existing parking lot, it is possible that vehicles could overflow into the surrounding <br />public streets. However, given the hours of operation of the other businesses located <br />on site, and the nature of the business to have quick turnaround (pick-up and deliver) of <br />customers, it is anticipated that parking and traffic can be handled adequately on the <br />Property. Criteria met. <br />