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<br />Variance No. 2005-65 <br />December 12, 2005 <br />Page 1 of 1 <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 found <br />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 />Special circumstances exist that necessitate a variance for the <br />unit sizes. The existing project will be reconfigured into one <br />and two-bedroom units through the merger of studio units. Given <br />the existing layout of the project, it is unfeasible to provide <br />units that meet the minimum unit size for one-bedroom units. <br /> <br />B. That the granting of a variance is necessary for the preservation and <br />enjoyment of one or more substantial property rights. <br /> <br />The unit size variance is necessary to preserve property rights <br />as the owners will be rehabilitating the existing complex and <br />providing affordable, rent controlled housing for residents of <br />the City. <br /> <br />C. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br /> <br />The granting of the variance for a reduction in one-bedroom unit <br />size will not be detrimental to the area as the reduction in <br />units, in conjunction with the occupancy restrictions, will <br />result in a lower overall occupancy level for the project. <br /> <br />D. That the granting of a variance will not adversely affect the General <br />Plan of the City. <br /> <br />The granting of the variance will not adversely affect the <br />Ci ty I S General Plan in any way as the land use designation of <br />Medium Density Residential (MR) allows the rehabilitation of <br />existing apartment complexes. <br /> <br />75~~T172 <br />