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<br />Variance No. 1998-06 <br />December 12, 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, the strict application 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 condition deletion will allow the St. Joseph <br />Ballet the ability to continue to share parking with the <br />Bowers Museum. The amendment to the condi t ion of approval <br />will allow the continued use of parking between the two <br />facilities. The continued use of the Bowers Museum parking <br />will help to prevent parking intrusion into the residential <br />neighborhood and ensure that the use will not negatively <br />affect the surrounding 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 condition amendment would allow for the <br />continued orderly development of the St. Joseph Ballet and the <br />museum corridor. The amendment to the condition of approval <br />would allow the two facilities to continue their successful <br />parking coordination and agreement. The deletion of the <br />condition will allow St. Joseph Ballet similar flexibility as <br />the Bowers Museum is experiencing sharing parking with <br />existing facilities in the area. <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 modification will not be <br />detrimental to persons residing or working in the area because <br />the use, as conditioned, will not create negative or adverse <br />impacts. The amendment to the conditions of approval would <br />allow the continued use of the Bowers parking lot for the St. <br />Joseph Ballet. The deletion of the condition language would <br />allow the sharing of parking between the two facilities, as <br />well as potentially other facilities, thereby ensuring parking <br />outside of the residential neighborhood. <br /> <br />80J('!~T 3 <br />