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<br />a. A Variance to Section 114.488 of the City of San Marcos Zoning Ordinance to <br /> <br />allow a twenty foot encroachment into required twenty foot front setback and <br /> <br />allow ten foot encroachment into required ten foot rear setback; <br /> <br />b. A Variance to Section 114.675 of the City of San Marcos Zoning Ordinance to <br /> <br />allow waiver of required landscape installation; and <br /> <br /> <br />c. A Variance to Section 114.488 of the City of San Marcos Zoning Ordinance to <br /> <br /> <br />allow 100% building coverage in the "C" Commercial Zoning District, for <br /> <br /> <br />construction of a mixed-used commercial and residential mid-rise; <br /> <br />It is Further ORDERED, ADJUDGED, DECREED AND DECLARED THAT the <br /> <br /> <br />Variances run with the Property, so long as the Modified Project (as defined below) exists on the <br /> <br /> <br />Property, apply to the Modified Project, and are therefore available to the owner of the land <br /> <br /> <br />(currently W.C. Carson) and his successors and assigns (including, without limitation, current <br /> <br /> <br />and future ground lessees) with respect to the development of the Modified Project upon the <br /> <br /> <br />condition that the Modified Project is constructed and remains on the Property; <br /> <br />IT IS FURTHER ORDERED, ADJUDGED, DECREED AND DECLARED THAT the <br /> <br /> <br />Specific Use Permit granted by the City of San Marcos Planning and Zoning Commission on <br /> <br />April 10, 2001 for mixed commercial and residential uses on the Property (as evidenced by the <br /> <br />Specific Use Permit attached as Exhibit A) applies to the Modified Project (as defined below) <br /> <br />and has no expiration date, upon the condition that the Modified Project is constructed and <br /> <br />remains on the Property. <br /> <br />IT IS FURTHER ORDERED, ADJUDGED, DECREED AND DECLARED THAT a <br /> <br />development project (the "Modified Project") is approved and may be constructed on the <br /> <br />Property, subject to and in conformity with the following parameters: <br /> <br />FINAL JUDGMENT <br />