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<br />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 Bowers <br />Museum. The amendment to the condition of approval will <br />allow the continued use of parking between the two facilities. <br />The continued use of the Bowers Museum parking will help <br />to prevent parking intrusion into the residential neighborhood <br />and ensure that the use will not negatively affect the <br />surrounding community. <br /> <br />2. 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 <br />the museum corridor. The amendment to the condition of <br />approval would allow the two facilities to continue their <br />successful parking coordination and agreement. The <br />deletion of the condition will allow St. Joseph Ballet similar <br />flexibility as the Bowers Museum is experiencing sharing <br />parking with existing facilities in the area. <br /> <br />3. That the granting of a variance will not be materially detrimental to <br />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 <br />because the use, as conditioned, will not create negative or <br />adverse impacts. The amendment to the conditions of <br />approval would allow the continued use of the Bowers <br />parking lot for the St. Joseph Ballet. The deletion of the <br />condition language would allow the sharing of parking <br />between the two facilities, as well as potentially other <br />facilities, thereby ensuring parking outside of the residential <br />neighborhood. <br /> <br />4. 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 />City's General Plan land use designation of District Center <br />(DC). The amendment of the condition of approval to allow <br />the continued shared parking between two facilities is <br />consistent with and thereby helping to achieve Goal 5.0 of <br />the Land Use Element, "Ensure that the impacts of <br /> <br />Resolution No. 2005-122 <br />Page 2 of 5 <br />