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<br />Variance No. 2005-56 (floor plan configuration) <br />November 14, 2005 <br />Page 1 of 2 <br /> <br />Findings of Fact <br /> <br />A. That because of special circumstances applicable to the subject <br />property, including size, shape, topography, location or <br />surroundings, that the strict application of the zoning ordinance is <br />found to deprive the subject property of privileges not otherwise at <br />variance with the intent and purpose of the provisions of this <br />Chapter. <br /> <br />A minimum of 40 percent of living area is required on the <br />ground level per the City's townhome standards. Gi ven that <br />the proposed townhome product includes two-car enclosed <br />garages for each homeowner, there is not enough floor space <br />within the site to provide 40 percent of floor space on the <br />ground level. Although a majority of units will contain a <br />living area on the ground level, ten of the units will be <br />accessed via a landing to the primary living areas on the <br />second and third floors. It is not anticipated that lack of <br />40 percent living area on the ground floor for each unit will <br />affect the aesthetic or functional quality of the project. <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 />The granting of the variance for access will preserve the <br />applicant's ability to develop the property as a well-designed <br />townhome community that is consistent with the Two-Family <br />Residence (R2) zoning district. In order to satisfy the needs <br />of the prospective buyers and the City requirement for an <br />enclosed two-car garage per unit, the majority of the living <br />area for each townhome will be on the second and third floors. <br />In order to ensure that the visual quality of the project is <br />preserved, all staircases for the proposed project are <br />enclosed within the individual units and each townhome will be <br />directly accessible and visible from the street. <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 granting of the variance for access will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. Mitigated Negati ve Declaration No. 2004 -198 <br />identified any potential or adverse impacts will be mitigated <br />through mitigation measures identified in the document. <br /> <br />7m!f~~ <br />