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<br />Variance No. 2004-09 <br />September 27, 2004 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subj ect <br />property, including size, shape, topography, location or <br />surroundings, the strict appl ication of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise <br />at variance with the intent and purpose of the provisions of the <br />Municipal Code; <br /> <br />The proposed bar will provide an ancillary service and amenity <br />to the Artists Village and thereby benefit the community. The <br />allowance of a bar within the Artists Village provides an <br />additional nighttime amenity to the area. The provision of a <br />bar could create a negative impact to the surroundings. <br />Additional conditions have been placed on Variance No. 2004-09 <br />that will mitigate potential impacts created by the use and <br />ensure that the use will not negatively affect the surrounding <br />community. <br /> <br />B. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights; <br /> <br />Approval of the variance allows the applicant to operate a bar <br />within the emerging Artists Village of the downtown. The bar <br />will add to the growing Artists Village active lifestyle; <br />support evening activities and a variety of dining <br />establishments. Downtown should be the place to go to <br />experience the full character of a community, and a bar will <br />contribute to a vibrant evening experience. <br /> <br />C. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property; <br /> <br />The approval of the variance will not be detrimental to <br />persons residing or working in the area because the use, as <br />conditioned, will not create negative or adverse impacts. The <br />conditions imposed on the variance will mitigate any potential <br />impacts that might occur from the proposed alcoholic beverage <br />sales and entertainment. The additional business will assist <br />in promoting the economic viability and enhance the livability <br />for this area of the downtown. <br /> <br />EXHIBIT 5 <br />31A-13 <br /> <br />