2001-086 - Environmental Review No. 01-144. Conditional Use Permit No. 01-28

Home Browse Search

That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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 the Municipal Code. Due to the impact of the public streets bisecting this project, the density standard negatively impacts the desired character of the live-work project. To achieve a sense of community and create the economic base to support the maintenance of the common areas, the actual unit counts for the project is critical. The proposed 86 live-work units will allow for the establishment of a vital and stable community. The approval to increase the density for the development project would not jeopardize the intent of the Artists Village (C3-A) zoning requirements or the District Center (DC) general plan land use designation. Located within the established downtown, the density increase would remain well below other previously developed projects in the area and those established within District Centers. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. Approval of the variance allows the applicant to construct 86 live-work studios within the emerging Artists Village of the downtown. The OIson Company in partnership with the Community Development Agency desires to develop a stable, attractive live-work community. The granting of the variance to the higher density will enable the partners to provide an appropriately sized project that meets the intent of the C3A zoning district and to exercise their rights to an economically viable development project. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting a variance will not be detrimental to the public and surrounding properties by allowing a higher density. The approval of the density increase from 22 dwelling units per acre to 28 dwelling units per acre will not be a detriment to the surrounding properties. The increase to the project's density would not impact the surrounding infrastructure. While the density of the project is 28 dwelling units per acre, a condition of the project limits occupancy to a maximum of four persons per unit. The occupancy limit is intended to Resolution No. 2001-086 Page 3 of 7