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Variance No. 2009-02 <br />October 12, 2009 <br />Page 1 of 2 <br />Findincis of Fact <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 />The size of the subject site creates a special circumstance <br />applicable to the property, as the applicant is unable to <br />purchase adjacent properties to yield the required five acres <br />for a mixed-use project in the Commercial Residential zoning <br />district. The adjoining parcels of land are single family <br />residences and are not for sale. Additionally, the proposed <br />small infill mixed-use project is a unique type of product that <br />has not been constructed in the city for several years. <br />Although the City's established mixed use standards require a <br />larger development site and greater lineal dimensions, recent <br />long-range planning projects near the city's core have <br />identified that a diverse set of housing choices attracts an <br />increasingly varied and prosperous resident population. A <br />range of building types such as infill mixed-use projects <br />provides the diverse opportunity for a variety of incomes that <br />is necessary for the city's long-term viability. <br />B. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />The granting of a variance to reduce the minimum site standards <br />is necessary for the preservation and enjoyment of the property <br />right to develop the site. The variance will allow the <br />applicant to operate a permitted use on the site and will <br />comply with all setback, parking, landscaping and associated <br />development standards. <br />C. That the granting of a variance will not be materially detrimental <br />to the public welfare or injurious to surrounding property. <br />The granting of a variance to reduce the minimum lot size and <br />dimension requirements will not be materially detrimental to <br />the public welfare or potentially injurious to surrounding <br />property. The site will meet all applicable standards related <br />~~~B211 <br />