Staff Report PLANNING DIVISION COMMUNITY & ECONOMIC DEVELOPMENT To: Appeals Hearing Officer From: Doug Dansie (801) 535-6182, doug.dansie@slcgov.com Date: June 9, 2014 Re: PLNZAD2014-00143 1680 South Main Landscape Variance request PROPERTY ADDRESS: 1680 South Main PARCEL ID: 15-132-822-0000 MASTER PLAN: Central City Community Plan ZONING DISTRICT: CC Corridor Commercial Variance REQUEST: The petitioner, Paul Svendsen, is requesting variance approval for the elimination or reduction of front/corner side yard landscaping, located at the northwest corner of 1700 South and Main Street. RECOMMENDATION: Based on the information in this staff report, Planning Staff recommends that according to the allowances of 21A.18.060 and 070: the Administrative Hearing officer deny the variance due to the fact that the site can accommodate the landscaped setback and the parking may be accommodated via other code remedies, such as counting on-street parking stalls and/or providing for off-site parking agreements. ATTACHMENTS: A. Vicinity Map B. Site Plan C. Photographs D. Additional applicant Information E. Analysis of Standards F. Motions PROJECT DESCRIPTION: This is a request for a variance to remove or reduce the existing landscaping to accommodate parking. The building predates both zoning and parking requirements. It presently does not have the required amount of parking for the commercial use, but is grandfathered as a non-complying structure. The building previously had more on-site parking, but when the use was changed from a retail establishment to an office use in 2012, the Zoning Administrator determined it was an intensification of use and required the landscaping be constructed, per 21A.48.170. Salt Lake City Transportation indicates that with the intensification, the owner was required to provide both an upgrade to an ADA parking requirements and provide an off-site parking agreement to meet the Page 1
parking requirements. However, parking requirements have since changed and on-street parking is now allowed to be counted as part of the parking requirement. The landscaping presently exists. The landscaping brings the building more into conformity with the landscaped setbacks on 1700 South. Conversely, the building is substandard as to parking and there is no parking on 1700 South due to the placement of travel lanes. KEY ISSUES: The key issues listed below have been identified through the analysis of the project, neighbor and community input and department review comments. Landscaping required: Landscaping is required in the CC Corridor Commercial zoning district as per 21A.48.170.E. Landscape Yard Requirements: A landscape yard of fifteen feet (15') shall be required on all front and corner side yards, conforming to the requirements of section 21A.48.090 and subsection 21A.48.100C of this title. And 21A.48.170: LANDSCAPING PROVIDED AS A CONDITION OF BUILDING PERMIT ISSUANCE: The landscaping required by this chapter shall be provided as a condition of building permit issuance for any addition, expansion or intensification of a property that increases the floor area and/or parking requirement by fifty percent (50%) or more. The zoning administrator may waive the landscaping requirement if an existing building is located in an area of the lot that is required to be landscaped and compliance with the landscaping requirements of this chapter necessitates removing all or a portion of an existing building. Non-complying lot size: The property is non-complying as to minimum size in the CC zoning district: 21A.26.050.C. Minimum Lot Size: 1. Minimum lot area: Ten thousand (10,000) square feet. 2. Minimum lot width: Seventy five feet (75'). Parking requirements: Section 21A.44.030.G identifies the number of off-street parking spaces required. According to the table, retail goods establishment are required to have 2 spaces per 1,000 square feet of usable floor area while general office establishments are required to have 3 spaces per 1,000 square feet of usable floor area for the main floor plus 1 1 / 4 spaces per 1,000 square feet of usable floor area for each additional level, including the basement. The pertinent point being: the intensification requiring the additional landscaping technically also required additional parking. According to 21A.44.040.6: Alternative parking requirements and off-street parking reductions: On Street Parking: In all zoning districts other than single- or two-family residential districts, credit for on street parking shall be allowed to satisfy some or all off street parking required in section 21A.44.030 of this chapter. For single- and two-family uses, regardless of the underlying zoning district, on street parking cannot be used to satisfy required off street parking. On street parking cannot be used to satisfy ADA required parking. Such credit shall require site plan review approval and shall meet the following requirements: a. Parking must be permitted without time restrictions along the streets to be used; b. All on street parking facilities shall be designed in conformance with the standards established by the city transportation director; c. Prior to approving any requests for on street parking, the zoning administrator, in consultation with the city transportation director, shall determine that the proposed on street parking will not materially adversely impact traffic movements and related public street functions; and d. Credit for on street parking shall be limited to the number of spaces provided along the street frontage adjacent to the use Other remedies available: Page 2
According to 21A.33.030: Table of permitted and conditional uses for Commercial districts, Off-site parking is permitted with conditions. Those conditions are as follows; 21A.44.040: ALTERNATIVE PARKING REQUIREMENTS AND OFF STREET PARKING REDUCTIONS 2. Off Site Valet Parking: The zoning administrator may approve valet parking as a means of satisfying otherwise applicable off street parking requirements as required by section 21A.44.030 of this chapter if: a. Adequate assurances are provided attesting to the continued operation of the valet parking, such as a long term contract with a provider or a contract for lease of off site parking spaces; b. The design of the valet parking does not cause customers who do not use the valet services to park off the premises or cause queuing in the right of way; and c. The valet parking service is conspicuously posted outside the establishment and near the main entrance. 5. Off Site Parking Facilities: Off site parking facilities under shared ownership or through a lease agreement may, in districts where they are specifically allowed as permitted or conditional uses, be used to satisfy the requirements of this title for off street parking, subject to the following requirements: a. The maximum distance between the proposed use and the closest point of the off site parking facility shall not exceed one thousand feet (1,000'). However, in the D-1 district, such distance shall not exceed one thousand two hundred feet (1,200'). b. Projects requiring off site, shared, and/or alternative parking in areas of the city where a UI zoning district abuts a D-1 district, the following apply: (1) For a project located within a UI district, the area available for off site, shared, and/or alternative parking shall not exceed five hundred feet (500') within the UI district unless the D-1 district is located within one thousand two hundred feet (1,200'), in which case the area available for off site, shared, and/or alternative parking may extend up to one thousand two hundred feet (1,200') from the project in the direction of the D-1 district; (2) For a project located within a D-1 district, the area available for off site, shared, and/or alternative parking shall not exceed one thousand two hundred feet (1,200'); however, if the UI district is located within one thousand two hundred feet (1,200'), the area available for off site, shared, and/or alternative parking shall not extend into the UI district more than five hundred feet (500'); (3) The maximum distance between the proposed use and the off site, shared, and/or alternative parking shall be measured radially from the closest property line of the proposed use to the closest property line of the off site, shared, and/or alternative parking; (4) Parking spaces shall not be counted more than once in off site, shared, and/or alternative parking plans for different facilities, except where different plans comply with off site, shared, and/or alternative parking regulations due to hours of operation, days of usage, or other reasons. c. Off site parking to support uses in the CB, CN, RB, MU, R-MU, R-MU-35 and R-MU-45 zones or a legal nonconforming use in a residential zone need not comply with the maximum five hundred foot (500') distance limitation, provided the applicant can demonstrate that a viable plan to transport patrons or employees has been developed. Such plans include, but are not limited to, valet parking or a shuttle system. After July 31, 2008, no new off site parking facilities may be created in any residential zoning district, except in the RB, RO, R-MU, R-MU-35 and R-MU-45 zoning districts. The zoning administrator has the authority to make discretionary decisions concerning the provisions of section 21A.44.030, table 21A.44.030 of this chapter when actual data is presented which supports a change in the parking requirement. The zoning administrator may require a traffic and/or parking impact study in such matters. d. Off site parking facilities shall be under the same ownership or leasehold interest as the lot occupied by the building or use to which the parking facilities are accessory. Private possession of off street parking facilities may be either by deed or by long term lease. The deed or lease shall require the owner and/or heirs, successors or assigns to maintain the required number of parking facilities through contract for the duration of five (5) years. The city shall be notified when the contract is Page 3
terminated. If for any reason the lease is terminated during the five (5) year minimum contractual period, the lessee shall either replace the parking being lost through the terminated lease, or obtain approval for alternative parking requirements. Pursuant to obtaining a building permit or conditional use approval, documentation of the off site parking facility shall be recorded against both the principal use property and the property to be used for off site parking Hardship: The lot and building pre-date zoning. A new lot and building of this size would not be permitted under the current ordinance. The lot does not meet minimum size standards and a building of this size would not be permitted with new construction if it could not meet the associated parking requirements. Literal enforcement: Literal enforcement of the ordinance is not presently practical because the lot is undersized for current zoning regulations and the existing building is inherently over-sized for current parking and landscaping ordinances. Something must be compromised to accommodate the existing non-complying structure. DISCUSSION: The Transportation division made the following comment regarding the parking: Re: PLNZAD2014-00143 landscape reduction and On-site parking. In August of 2012 we reviewed the site for a proposal to convert from retail use at 2 stalls per 1,000 SF to office use at 3 stalls per 1,000 SF. Per ordnance a 50% intensification. The existing building was noted to be 3,000 SF. Therefore the parking requirement was six stalls required and four stalls were provided. The site status was non conforming with no ADA designation and two stalls short. The proposed conversion to Office required nine stalls and ADA compliance. That provision required converting one on site stall to ADA off loading, or two on site stalls. The intensification from 6 to 9 stalls required providing the three additional stalls, per the Off-site lease process. In October 2012 Transportations discussions with the owner was that a minimum six foot buffer (landscape) between the back of the public sidewalk and parking would be required allowing a third stall to be replaced on site. The original four stalls would not be available due to the ADA requirement. Since that time the on street parking credits have been allowed city wide for use other than residential and with the existing cut back angle parking existing on the Main Street frontage the remaining two stalls could be designated without an off-site lease agreement. That scenario reduced the fifteen foot landscaping from the back of walk (not property line) to six feet, a 9 foot loss of landscape and a gain of one parking stall. The proposal indicated by the Transportation Division is a compromise between the landscaping and strict onsite parking requirements. The compromise is designed to meet the spirit of each requirement, if not the specific regulation. However it should be noted that both the landscaping and the parking may be accommodated through the use of City code approved mechanisms of allowing the counting of on-street parking and off-site parking agreements. NEXT STEPS: If a variance is approved, the applicant will be required to obtain all necessary permits for the project, which would involve removing portions of the existing landscaping and indicating the method of meeting parking requirements (off-site parking agreements, etc). If denied the applicant would be allowed to use the property as it currently exists, provided that parking is provided via the counting of on-street parking and/or off-site parking agreements. Page 4
ATTACHMENT A: VICINITY MAP The subject property is highlighted in blue Page 5
ATTACHMENT B: SITE PLAN Page 6
ATTACHMENT C: PHOTOGRAPHS Main Street view Corner view Page 8
1700 South (landscaping area installed) Page 9
ATTACHMENT D: ADDITIONAL APPLICANT INFORMATION Page 10
ATTACHMENT E: ANALYSIS OF STANDARDS 21A.18.060: Standards for Variances: Subject to the prohibitions set forth in section 21A.18.050 of this chapter, and subject to the other provisions of this chapter, the appeals hearing officer may grant a variance from the terms of this title only if: A. General Standard Finding Rationale 1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title; Does not comply The lot is non-complying as to minimum size in the CC zoning district, and the building is existing, making strict compliance difficult. However, there are mechanisms in the zoning ordinance to allow off-site parking and/or counting of on-street parking stalls, which would allow the owner to meet the strict parking 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district; 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; 4. The variance will not substantially affect the general plan of the city and will not be contrary to the public interest; and 5. The spirit of this title is observed and substantial justice done. Does not comply Does not comply Complies Complies requirement. This is a rectangular flat lot, however it is a corner lot that has two front yard landscaping requirements, and is substandard to current CC size regulations. However the zoning code allows for off-site parking which would allow for meeting the parking requirements in spite of these deficiencies. No parking is allowed on 1700 South, nor immediately near the intersection on South Main, therefore this property does not have as much onstreet parking as many other properties in the immediate neighborhood. The substandard size of the lot makes it difficult to provide both the landscaping requirement and parking requirement on site, however provisions in the code allow the parking to be met off-site. The building is legally non-conforming. The choice is between providing parking (the building was built legally before parking requirements) or landscaping or a compromise of both. The proposed retail use is in conformance with the master plan. Whether the variance is granted or not, the fundamental use of a retail establishment is consistent with the master plan. Providing a variance balances the need for parking and the need for landscaping with an existing non-complying structure. B. Circumstances Peculiar To Property: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship unless: 1. The alleged hardship is related to the size, shape or topography of the property for which the variance is sought; and 2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. Complies Complies The lot is rectangular in shape and generally flat. It was legally subdivided, but does not meet minimum size requirements of current CC zoning. The hardship would be due to size. The corner location requires two front yard landscaped setbacks (for parking, none required for buildings). There is no on-street parking on 1700 South, as their might be with other properties in Page 11
C. Self-Imposed Or Economic Hardship: In determining whether or not enforcement of this title would cause unreasonable hardship under subsection A of this section, the appeals hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic. Does not Comply the neighborhood. The lot is legally subdivided, but generally smaller than other lots in the area. The lot and building predate zoning. The original building was built legally prior to parking or landscaping requirements. The hardship is self imposed in that the petitioner chose to change use, resulting in a differing parking requirement, but the parking requirements have also been altered and the lot is noncomplying to current zoning standards because both the lot and building predate zoning. D. Special Circumstances: In determining whether or not there are special circumstances attached to the property under subsection A of this section, the appeals hearing officer may find that special circumstances exist only if: 1. The special circumstances relate to the alleged hardship; and 2. The special circumstances deprive the property of privileges granted to other properties in the same zoning district Complies Does not comply No parking is allowed on 1700 South, nor near the intersection on South Main, therefore this property does not have as much on-street parking as other properties in the neighborhood. The lot is of a size that would not be allowed under current zoning. Parking may be provided by other methods as outlined in the zoning code 21A.18.050 Prohibited Variances: Subject to the prohibitions set forth in section 21A.18.050 of this chapter, and subject to the other provisions of this chapter, the appeals hearing officer may grant a variance from the terms of this title only if: Standard Finding Rationale A. Is intended as a temporary measure only Complies The proposal is not a temporary solution B. Is greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant; C. Authorizes uses not allowed by law (i.e., a "use variance"). Complies Complies The variance is a choice either to meet landscaping requirements or parking requirement or find a compromise that accommodated the existing structure and historical use. No use is being requested that is not allowed in the zoning district. 21A.18.070: VARIANCE LESS THAN REQUESTED: A variance less than or different than that requested may be authorized when the record supports the applicant's right to some relief but not to the relief requested. (Ord. 26-95 2(9-7), 1995) Page 12
21A.18.080: CONDITIONS ON VARIANCES: In authorizing a variance, the appeals hearing officer may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest to mitigate any harmful effects of the variance or that will serve the purpose of the standard or requirement that is waived or modified. The appeals hearing officer may require a guarantee or bond to ensure that the conditions imposed will be followed. These conditions shall be expressly set forth in the appeals hearing officer's motion granting the variance. Violation of any condition or limitation on the grant of a variance shall be a violation of this title and shall constitute grounds for revocation of the variance. (Ord. 8-12, 2012) Page 13
ATTACHMENT F: MOTIONS Recommended Motion: Based on the analysis and findings listed in the staff report, testimony, and plans presented, I move that the variance from the landscaping be denied and that the space remain as landscaping as presently constructed and that parking be provided as allowed by other portions of City code, which permit the counting of on-street parking stalls and off-site parking to meet parking requirements.. Not Consistent with Staff Recommendation: Based on the analysis and findings listed in the staff report, testimony, and plans presented, I move that the request for a variance from the landscaping requirements be approved as less than requested: Landscaping is allowed to be reduced to a minimum of 6 feet to allow an additional parking stall, with the understanding that on-street and off-site parking agreements will be counted or acquired to meet the full parking requirement and all other city standards. Or Based on the analysis and findings listed in the staff report, testimony, and plans presented, I move that the variance from the landscaping be approved and that the space be allowed to be used for parking, with no landscaping required. The construction of the parking stall will otherwise meet city standards. Page 14