APPLICATION NUMBER 5508/5328 A REQUEST FOR

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1 APPLICATION NUMBER 5508/5328 A REQUEST FOR USE, ACCESS, MANEUVERING, PARKING, LANDSCAPING/TREE PLANTING, AND BUFFER VARIANCES TO AMEND A PREVIOUSLY APPROVED USE VARIANCE TO ALLOW OFFICE/LIGHT WAREHOUSING USE WITH UNDESIGNATED ACCESS, MANEUVERING, AND PARKING, NO LANDSCAPING OR TREE PLANTINGS, AND NO RESIDENTIAL BUFFERING IN AN R-1, SINGLE-FAMILY RESIDENTIAL DISTRICT; THE ORDINANCE REQUIRES A B-3, COMMUNITY BUSINESS DISTRICT FOR OFFICE/LIGHT WAREHOUSING USE, WITH DESIGNATED ACCESS, MANEUVERING AND PARKING, APPROPRIATE SITE LANDSCAPING AND TREE PLANTINGS, AND BUFFERING ALONG ADJACENT RESIDENTIAL PROPERTIES LOCATED AT 805 CHURCH STREET (South side of Church Street, 50 + East of South Jefferson Street) APPLICANT/OWNER CITY MANAGEMENT COMPANY BOARD OF ZONING ADJUSTMENT NOVEMBER 2008

2 ANALYSIS APPLICATION 5508/5328 Date: November 3, 2008 The applicant is requesting use, access, maneuvering, parking, landscaping/tree planting, and buffer variances to amend a previously approved use variance to allow office/light warehousing use with undesignated access, maneuvering, and parking, no landscaping or tree plantings, and no residential buffering in an R-1, Single-Family Residential District; the Ordinance requires a B-3, Community Business District for office/light warehousing use, with designated access, maneuvering and parking, appropriate site landscaping and tree plantings, and buffering along adjacent residential properties. The applicant states the site has been used as office/warehousing for over 45 years. However, the Legal Non-Conforming Use status of the site has long expired in 2003; hence this application. Office use is proposed in the two-story masonry portion of the property, while the metal building in the rear of the property will be used for warehousing, which the applicant states will be consistent with its historical uses. Additional construction will involve plumbing, wiring, HVAC, carpeting, and office partitioning in the masonry building. The applicant further states that all exterior modifications have been approved by the City Council. The Zoning Ordinance states that no variance shall be granted where economics are the basis for the application. Furthermore, the applicant must present sufficient evidence to find that the variance will not be contrary to the public interest, and that special conditions exist such that a literal enforcement of the Ordinance will result in an unnecessary hardship. The Ordinance also states that a variance should not be approved unless the spirit and intent of the Ordinance is observed and substantial justice done to the applicant and the surrounding neighborhood. Variances are not intended to be granted frequently. The applicant must clearly show the Board that the request is due to very unusual characteristics of the property and that it satisfies the variance standards. What constitutes unnecessary hardship and substantial justice is a matter to be determined from the facts and circumstances of each application. This site is within the Church Street East historic district and was also involved in the Church Street East rezoning study, which rezoned a large portion of this area from R-B, Residential-Business to R-1, Single-Family Residential in order to promote a residential character in the area. Then in November 2005, the Board approved a use variance, at this site, for the conversion of the masonry building into two apartments (R-2 use). A permit was issued, but no inspections were conducted; thus, the permits and, consequently, the variance have expired; and the only other commercial building in the area is Crystal Ice. Nevertheless, given the history of the site, the Board could find that the use may be appropriate. With regard to the applicant s additional requests, no information has been submitted addressing why the required access, maneuvering, parking, tree and landscaping cannot

3 be provided. It appears that there is adequate space for the applicant to meet full compliance with the Ordinance. However, the site plan as submitted, does not illustrate how much of the site is devoted to office versus warehouse use, which is needed to determine parking requirements and may affect the rest of the site, especially in terms of tree/landscaping compliance. The applicant should also provide some information regarding what will be stored in the warehouses. Thus, if the use is approved, this application should be held over to allow the applicant to submit this additional information.

4 RECOMMENDATION 5508/5328 Date: November 3, 2008 Based on the preceding, it is recommended that this application be held over to allow the applicant to submit a more detailed site plan to confirm the site s compliance with other requirements of the Zoning Ordinance (access, parking, landscaping/trees, etc.). A revised site plan shall be submitted by no later than November 12, 2008.

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