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31D - 3509 W FIFTH
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03/03/2008
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31D - 3509 W FIFTH
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Last modified
1/3/2012 4:33:13 PM
Creation date
2/27/2008 1:53:16 PM
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City Clerk
Doc Type
Agenda Packet
Item #
31D
Date
3/3/2008
Destruction Year
2013
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ordinance is found to deprive the subject property of <br />privileges not otherwise at variance with the intent and <br />purpose of the provisions of this chapter. <br />Due to the configuration of the lot and existing <br />development surrounding the project site, denial of <br />the variance would deprive the property owner the <br />privilege of constructing a quality commercial building. <br />Although the site does not meet the required <br />commercial lot size and street frontage requirement, <br />the applicant is unable to provide additional lot area <br />as the surrounding properties are currently <br />developed. The property owner was unable to <br />acquire additional parcels to include within the project. <br />Additionally, the site abutting to the west was <br />developed with Variance No. 1987-07 to allow <br />development on an undersized lot and can remain <br />indefinitely. Policy 2.8 of the Land Use Element <br />encourages the rehabilitation of commercial <br />properties and capital investment within the City. The <br />applicant has fully utilized the existing area and <br />provided a high quality office project that will replace a <br />former bar. <br />That the granting of a variance is necessary for the <br />preservation and enjoyment of one or more substantial <br />property rights. <br />The granting of the variance would allow the property <br />owner the opportunity to develop a quality project on <br />the site. Not allowing the variance would require that <br />the property remain in the current condition until the <br />property owner acquires one of the adjoining <br />properties. This would create a visual blight for the <br />adjoining residential and commercial properties. <br />Additionally, the unoccupied building can create <br />safety issues for adjoining properties. Policy 2.7 of <br />the Land Use Element emphasizes supporting <br />developments that create a business environment <br />that is safe and attractive. <br />iii. That the granting of a variance will not be materially <br />detrimental to the public welfare or injurious to surrounding <br />property. <br />Resolution No. 2008-06 <br />Page 2 of 9 <br />31 D-20 <br />
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