2001-008 - Approving Negative Declaration for Environmental Review No. 00-109

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EXHIBIT B FINDINGS FOR VARIANCE Findinqs of Fact That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. The subject property is approximately 0.56 acres and is constrained by the location of an existing 4,204 square foot restaurant structure. The location of the existing building on the property creates a site constraint that prevents the full maximization of the parking area necessary to accommodate the lodge use. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the proposed parking variance will allow the use of the property to change from a restaurant to a lodge use which would not otherwise be allowed to occur. The change of use will help to maintain the economic viability of the subject property by occupying a vacant building with a tenant who has been active in the community for 77 years. The granting of the proposed variance is necessary in order for this use to occupy the subject property and is necessary for the preservation and enjoyment of one or more substantial property rights. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. City parking requirements for a lodge use are based upon the amount of proposed assembly area in the building. Although 2,000 square feet of assembly area is proposed for the lodge, the use is different from other assembly uses in that admission to the facility is by membership only. The use is not open to the public and therefore is less intense and does not generate the same parking demand associated with an open to the public assembly use. The Moose has provided written documentation from adjacent businesses that will allow them to utilize their parking lots during the evening hours. Although this agreement is not recognized by the City as a legally binding agreement, it appears that there are spaces on adjacent lots that will be made available to the Moose during the evening hours to prevent spill over parking into the adjacent neighborhood. The Moose has also committed to encouraging their membership to car pool to special functions, not hosting events in the parking area outside of the building, limiting attendance to special functions, and discouraging overflow parking in unauthorized areas. Given the above considerations, it is not anticipated that the granting of the Resolution No. 2001-008 Page 6 of 13