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3. 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 the <br />Municipal Code. <br />Due to the impact of the public streets bisecting this project, <br />the density standard negatively impacts the desired <br />character of the live -work project. To achieve a sense of <br />community and create the economic base to support the <br />maintenance of the common areas, the actual unit counts for <br />the project is critical. The proposed 86 live -work units will <br />allow for the establishment of a vital and stable community. <br />The approval to increase the density for the development <br />project would not jeopardize the intent of the Artists Village <br />(C3 -A) zoning requirements or the District Center (DC) <br />general plan land use designation. Located within the <br />established downtown, the density increase would remain <br />well below other previously developed projects In the area <br />and those established within District Centers. <br />4. That the granting of a variance is necessary for the preservation <br />and enjoyment of one or more substantial property rights. <br />Approval of the variance allows the applicant to construct 86 <br />live -work studios within the emerging Artists Village of the <br />downtown. The Olson Company in partnership with the <br />Community Development Agency desires to develop a <br />stable, attractive live -work community. The granting of the <br />variance to the higher density will enable the partners to <br />provide an appropriately sized project that meets the intent <br />of the C3A zoning district and to exercise their rights to an <br />economically viable development project. <br />5. That the granting of a variance will not be materially detrimental to <br />the public welfare or injurious to surrounding property. <br />1. Granting a variance will not be detrimental to the public and <br />surrounding properties by allowing a higher density. The <br />approval of the density increase from 22 dwelling units per <br />acre to 28 dwelling units per acre will not be a detriment to <br />the surrounding properties. The increase to the project's <br />density would not impact the surrounding infrastructure. <br />While the density of the project is 28 dwelling units per acre, <br />a condition of the project limits occupancy to a maximum of <br />four persons per unit. The occupancy limit is intended to <br />Resolution No. 2001 -088 <br />Page 3 of 7 <br />