HomeMy WebLinkAboutA6 ITEM #: 2
DATE: 03-08-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: March 3, 2017
CASE FILE NO.: ZBA 17-02
REQUEST: To Approve an Amendment to a Special Use Permit Granted for the
Reconstruction of a Damaged Nonconforming Structure at 301 S. 4"
Street, in order to Allow Expansion of the Nonconforming Structure.
PROPERTY OWNER: A & D Partnership
CONTACT: Keith Denner
LOCATION: 301 S. 4t" Street
ZONING: "RH" (Residential High Density)
BACKGROUND AND PROJECT DESCRIPTION:
Background. On October 12, 2016, the property owner (applicant) was granted a
Special Use Permit (SUP) to rebuild a damaged nonconforming structure on the
property located at 301 S. 4t" Street. The approved SUP application was specifically
in relation to the reconstruction of the apartment building for non-conformities
related to the structure itself, which included the rear yard setback, side yard
setback, location of parking in front yard, and total parking spaces. In the event
the Special Use Permit was denied, the property owner would have been required
to redevelop the site in conformance with all of the current development and
building standards of the City.
To grant the SUP, the Zoning Board of Adjustment made a finding that the building
restoration would be made to the fullest extent possible in conformance with the
applicable zoning standards, given the three nonconforming site features related to the
structure itself, The other non-conforming conditions related to parking were
categorized as "other non-conformities" within the Zoning Ordinance and were deemed
not practicable to be removed or reduced in their degree of non-conformity with the
reconstruction of the apartment buildings.
The former structure, originally constructed in 1984, was a three-story, 33-unit
apartment building, and was destroyed by fire on June 6, 2016. The Special Use Permit
allowed the property owner to rebuild the apartment building on the foundation of the
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former building, which was salvaged during demolition of the above-ground portion of
the building. An expansion of the original building, which included a 30 foot by 22 foot
(660 square foot addition to the building footprint), on the southwest corner of the
existing foundation, was also permitted as part of the reconstruction. The mix of two-,
three- and four-bedroom units in the new apartment building changed from what existed
in the former building. There is a reduction in the total number of dwelling units from 33
units in the original structure to 24 units in the new building. The total number of
bedrooms was reduced from 69 to 67 bedrooms, and the corresponding number of
parking spaces also decreased from 65 to 59 spaces with the approved reconstruction.
Both buildings are three-story, with a basement level exposed on the south side of the
building. However, the new apartment building was approved with a flat roof; whereas,
the former building had a 4/12 pitched roof.
Project Description. The request by the property owner (applicant) is for approval of
an Amendment to the Special Use Permit to allow expansion of the nonconforming
structure, located at 301 S. 4t" Street (see Attachment A: Location & Zoning Map). The
expansion would include two apartments, with a total of seven additional bedrooms in
the basement level of the apartment building. The basement area, proposed for the two
new apartments, was previously used for eight parking spaces under the original 1984
building. The eight spaces were changed to storage area in the reconstruction plan and
were not included as part of the approval that included 59 parking spaces.
To provide parking spaces for the seven additional bedrooms, the applicant has a
contract to purchase the lot at 305 S. 4t" Street, which abuts the west property line of
the subject property at 301 S. 4t" Street. The property at 305 S. 4t" Street is presently
occupied by the single-family detached dwelling. The applicant proposes to maintain
the dwelling, and divide the property, through approval of a Plat of Survey. The division
would include a parcel with the dwelling that includes approximately 8,729 square feet,
and a parcel to be used for seven new paved parking spaces that includes
approximately 3,637 square feet. The new parcel with the parking spaces would be
consolidated with the parcel at 301 S. 4t" Street to provide parking spaces at 301 S. 4t"
Street, for the seven additional bedrooms in the reconstructed apartment building. The
parcel for the single-family detached dwelling would meet the minimum required rear
yard setback.
The nonconforming site feature which directly impacts the proposal by the
applicant to add seven more bedrooms to the apartment building is the number of
parking spaces for the apartment building site. The Zoning Board of Adjustment
must make a finding that the building restoration would be made to the fullest extent
possible in conformance with the applicable zoning standards for parking. There are a
total of 59 parking spaces on site for the 67 bedrooms in the reconstructed apartment
building, as granted by the SUP approved in October, 2016. This is a deficiency of
eight parking spaces from the minimum number of 67 parking spaces required by
current zoning standards, which is one parking space for each bedroom.
The applicant now proposes to add seven additional bedrooms, and provide a parking
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space for each of the additional seven bedrooms. This amendment to the SUP would
change the total number of bedrooms from 67 to 74, and the total number of parking
spaces from 59 to 66. The number of parking spaces provided for the additional
bedrooms meets the current zoning standards of one parking space per bedroom.
However, the total number of parking spaces on site would continue to be deficient by
eight parking spaces, in comparison to the minimum number of parking spaces required
for a new apartment building, by current zoning standards. The addition of seven
parking spaces for the seven proposed bedrooms would leave the parking deficiency
the same, in terms of absolute numbers, as approved by the SUP in 2016, but does not
reduce the degree of non-conformity.
Proposed Site Changes. Minimal changes are proposed on the remainder of the site,
which were all approved as part of the site plan for the SUP in 2016 (See the attached
Proposed Site Plan).
Zoning & Land Use of Surrounding Properties. No rezoning is proposed by the
applicant at this time. The surrounding neighborhood is a mix of zoning and land uses
(see Attachment A: Location & Zoning Map). Zoning of the property at 301 S. 4t" Street
is RH (Residential High Density), and zoning of the land at 305 S. 4t" Street is S-SMD
(South Lincoln Sub Area Mixed-Use District). Consolidation of a portion of the lot at 305
S. 4t" Street, with the land at 301 S. 4t" Street, would not change the location of the
zoning line that separates the RH zone from the S-SMD zone. Therefore the property
at 301 S. 4t" Street could have split zoning with the proposed parking lot in the S-SMD
zone, and the apartment building, and existing parking lot in the RH Zone.
Zoning of property to the north, east and west is "S-SMD"(South Lincoln Sub Area
Mixed-Use District). The standards for parking lot construction are the same regardless
of the underlying base zoning district. Properties to the south and southeast of the site
are zoned as "RH" (Residential High Density). Land use consists of single-family
dwellings along both sides of S. 4t" Street. Commercial service and retail uses are
located north and east of the site. South of the site are large apartment buildings that
line the north side of S. 5t" Street.
Nonconforming Structure. In accordance with Section 29.307(3)(c)(ii) of the
Municipal Code: "Any nonconforming structure damaged to the extent of more than 70%
of its assessed value may not be rebuilt, repaired, or used unless the rebuilt structure
conforms with all regulations of the district in which it is located or unless the Zoning
Board of Adjustment approves the reconstruction by granting a Special Use Permit after
determining that restoration will be made to the fullest extent possible in conformance
with applicable zoning standards."
The following nonconforming site feature is directly related to the proposal to add seven
additional bedrooms to the reconstructed apartment building:
• Total Number of Parking Spaces. The total number of parking spaces required
for the original building was 62 spaces for 33 units with a total of 69 bedrooms. A
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total of 65 spaces (including 3 off-site) were provided with the original building.
The current zoning ordinance would require a total of 74 parking spaces for the
original building, which is a difference of 9 (74-65=9) fewer spaces provided than
what would be required by the current standards before it was destroyed by fire.
The total number of parking spaces required for the approved reconstructed
apartment building is 67 spaces for 24 units configured with 2, 3, and 4 bedroom
units that total 67 bedrooms. A total of 56 parking spaces are shown on the site
plan for the reconstructed apartment building, with the continued use of 3 remote
parking spaces that exist immediately to the south of the site, which is a
difference of 8 (67-56-3=8) fewer spaces provided than what is required by the
current zoning standards.
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APPLICABLE LAW:
It is the general policy of the City to allow uses, structures and lots that came into
existence legally, in conformance with then-applicable requirements, to continue to exist
and be put to productive use, but to mitigate adverse impact on conforming uses in the
vicinity. Reversion of nonconformity, once it becomes more compliant, is not permitted.
Section 29.307 establishes regulations governing uses, structures and lots that were
lawfully established but that do not conform to one or more existing requirements of this
Ordinance. No increase or creation of a nonconformity is to be permitted, unless
specifically allowed within this section.
The Zoning Ordinance includes a description of four types of nonconformities within
Section 29.307 that include non-conforming uses, nonconforming structures, non-
conforming lots, and other nonconformities for site improvements, such as landscaping,
parking configuration, fences, etc. Each type of nonconformity has specific allowances
for keeping a nonconformity, and when it must be brought into compliance with the
Zoning Ordinance.
In this case we are dealing with a nonconforming principal structure and a
number of "other nonconformities". Other nonconformities relate to parking
requirements and landscape areas and walkways and are to be improved as
practical, but no increase in nonconformity is permitted. With regards to the
structure, the following applies:
Chapter 29, Section 29.307(3)(c)(ii) states the following:
(3) Nonconforming Structures. A nonconforming structure that lawfully occupies a
site on the effective date of this Ordinance that does not conform with the Zone
Development Standards of the underlying Zone or the General Development
Standards of this Ordinance may be used and maintained, subject to the
standards and limitations of this Section.
(c) Restoration of a Damaged Nonconforming Structure.
(ii) Any nonconforming structure damaged to the extent of more than 70%
of its assessed value may not be rebuilt, repaired, or used unless the
rebuilt structure conforms with all regulations of the district in which it is
located or unless the Zoning Board of Adjustment approves the
reconstruction by granting a Special Use Permit after determining that
restoration will be made to the fullest extent possible in conformance
with applicable zoning standards.
Chapter 29, Section 29.1503(4)(a),(b),and(e) of the Municipal Code states the following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the
Zoning Board of Adjustment shall establish that the following general standards,
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as well as the specific standards outlined in subsection (b) below, where
applicable, have been or shall be satisfied. The Board's action shall be based on
stated findings of fact. The conditions imposed shall be construed as limitations
on the power of the Board to act. A mere finding that a use conforms to those
conditions or a recitation of those conditions, unaccompanied by specific findings
of fact, shall not be considered findings of fact for the purpose of complying with
this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use meets the
following standards, and in addition, shall find adequate evidence that each use
in its proposed location will: (The standards are listed in this report below.)
(b) Residential Zone Standards. The Zoning Board of Adjustment shall review
each application for the purpose of determining that each proposed use in a
commercial zone meets the following standards..." (The standards are listed in
this report below.)
(e) Conditions. The Board may impose such additional conditions it deems
necessary for the general welfare, for the protection of individual property rights,
and for ensuring that the intent and objectives of this Ordinance will be
maintained.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed structure
meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the submitted site and architectural plans and in addition to the facts
provided in the application, the following findings of fact and conclusions may be made
regarding the standards of approval.
General Standards.
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City.
Findings of Fact: The subject property is designated as "High-Density
Residential" on the Land Use Policy Plan (LUPP) Future Land Use Map (see
Attachment B. LUPP Future Land Use Map). The zoning is "RH" (Residential
High Density). Properties to the south and east of the site are also designated as
"High-Density Residential " on the LUPP Map. The land to the north and west is
designated as "South Lincoln Sub-Area Mixed Use District." Existing
development complies with the Zoning and Future Land Use Maps. The LUPP
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(Chapter 2) includes goals for development to be compatible with its
surroundings and to create desirable living environments.
Conclusions: The subject property has been occupied by a multiple residential
use since it was constructed in 1984, as a permitted use. This is an area of the
community characterized by large multiple family structures in the "RH" zone.
The addition of seven additional bedrooms in the reconstructed building should
have no greater impact on the surrounding neighborhood than was the case with
the previous apartment building that was destroyed, nor with the apartment
building approved for reconstruction through the SUP in 2016. It can be
concluded that the property meets General Standard (i) for a Special Use
Permit.
Be designed, constructed, operated and maintained so as to be
harmonious and appropriate in appearance with the existing and intended
character of the general vicinity and that such a use will not change the
essential character of the area in which it is proposed.
Findings of Fact: The exterior appearance of the reconstructed apartment
building will not be affected by the addition of seven additional bedrooms in the
basement level. The plan to add seven more bedrooms, and seven parking
spaces, does not resolve the deficiency in parking spaces, based on the current
zoning standards; however, the applicant believes they meet this requirement
because the increment of deficiency has not increased with the proposal. The
deficiency was calculated as nine parking spaces for the old apartment building
and is eight parking spaces for the approved SUP, as well as the proposed
amendment to the SUP. The plan continues to rely upon 3 remote parking
spaces and the configuration of parking between the building and the street in
the front yard. There is no exposure of the seven additional parking spaces to
the front yard along the street, due to the minimal amount of street frontage.
Conclusions: Since the proposed amendment to the SUP maintains the existing
residential scale and appearance, which is compatible with its immediate
surroundings, and does not increase any other nonconformities for parking, it
can be concluded that the property meets General Standard (ii) for a
Special Use Permit.
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Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
Findings of Fact: The proposed amendment to the SUP will not impact the
reconstructed apartment building to be more hazardous or disturbing to existing
or future uses in the same general vicinity. No exterior changes are planned to
the building, as a result of the proposed amendment to the SUP.
Conclusions: Since the addition of seven bedrooms to the structure will not be
more hazardous or disturbing to existing or future uses in the same general
vicinity, it can be concluded that the property meets General Standard (iii)
for a Special Use Permit.
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structures, refuse
disposal, water and sewage facilities, and/or schools.
Findings of Fact: No additional public services will be required as a result of the
proposed amendment to the SUP. It can be served by existing infrastructure.
Conclusions: This property will continue to be served by essential public facilities
and services. Therefore, it can be concluded that the property meets
General Standard (iv) for a Special Use Permit.
(v) Not create excessive additional requirements at public cost for public
facilities or services.
Findings of Fact: No changes are proposed for the site that would increase
requirements for public facilities or services.
Conclusions: The addition of seven bedrooms will not create additional
requirements at a public cost for public facilities. Therefore, it can be
concluded that the property meets General Standard (v) for a Special Use
Permit.
(vi) Not involve uses, activities, processes, materials, and equipment or
conditions of operation that will be detrimental to any person, property, or
general welfare by reason of excessive production of traffic, noise, smoke,
fumes, glare, or odors.
Findings of Fact: The proposed amendment to the SUP will not produce glare or
odors that would be detrimental to any person, property, or general welfare.
Conclusions: The proposed amendment to the SUP will not create any additional
noise, smoke, fumes, glare, or odors from the site. Additional traffic will be
minimal, and will not have a significant impact on surrounding properties.
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Therefore, it can be concluded that the property meets General Standard
(vi) for a Special Use Permit.
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact: The site is zoned "RH", and intended for high density household
living. The reconstructed apartment building is nonconforming to the current
zoning standards in terms of the rear and side yard setbacks, front yard parking,
and the total number of parking spaces proposed for the site. The intent for
development is to meet all standards of the Zoning Ordinance. However,
discretion is applied to resolving issues of other non-conformities where a
determination of removing the nonconformity when practical is applied in the
review.
Conclusions: In this instance, the applicant would not acquire the adjacent land
for the parking since the prior approval permitted the current parking deficiency.
The proposed bedroom increase does not exacerbate the parking non-
conformity, nor does the proposal address removing the non-conformity. If the
Board finds that the increased occupancy proposed by the applicant
requires the site to be brought into conformance before any expansion of
use, it would not support the amendment to the prior approval or it would
approve a lesser increase in bedrooms along with the new parking to
reduce the non-conformity.
The proposed amendment to the SUP will not change the nonconformity to the
current zoning standards in terms of absolute number of deficient parking spaces
and it is not practical to add more parking along with the new parking for the
expansion at this time. Therefore, it can be concluded that the property
meets the General Standard (vii) for a Special Use Permit.
Residential Zone Standards.
(i) Not create excessively higher levels of traffic than the predominant pattern
in the area and not create additional traffic from the proposed use that
would change the street classification and such traffic shall not lower the
level of service at area intersections.
Findings of Fact: The proposed amendment to the SUP for the reconstructed
apartment building will contain two more dwelling units, with a total of seven
bedrooms, than granted by the SUP in 2016, resulting in a minimal increase in
the level of vehicular traffic in the area. There is adequate capacity on S. 4'"
Street to accommodate traffic from the reconstructed apartment building.
Conclusions: Traffic volumes from the additional seven bedrooms in the
reconstructed apartment building will likely remain very close to what existed,
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prior to destruction of the previous building. The street network will be able
maintain the current street classification and level of service once this new
structure is occupied. It can be concluded that the development meets
Residential Zone Standard (i) for a Special Use Permit.
Not create a noticeably different travel pattern than the predominant
pattern in the area. Special attention must be shown to deliveries or service
trips in a residential zone that are different than the normal to and from
work travel pattern in the residential area.
Findings of Fact: The driveway serving this facility is located at the east end of S.
4th Street. Residents, visitors, and deliveries to the site will use this entrance, as
was the case for the previous development. Visitors can use the parking lot at the
main entrance on the west side of the building.
Conclusions: The reconstructed apartment building with seven additional
bedrooms will not create a noticeably different travel pattern off-site than the
predominant pattern in the area. On-site traffic is well-established with the
internal use of the site as well as deliveries from external vendors. It can be
concluded that the development meets Residential Zone Standard (ii) for a
Special Use Permit.
Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight)
to and from the site except for waste collection vehicles, food delivery
vehicles, and moving vans.
Findings of Fact: The only trucks normally expected at the site are for trash
collection and moving vans, which was the case for the previous structure on the
site.
Conclusions: It can be concluded that the proposed amendment to the SUP
meets Residential Zone Standard (iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: The use of the site is not changing with rebuilding of the
apartment building that was destroyed, nor with the proposed amendment to the
SUP. The times of the year, and hours that are more active on the site will
remain the same, since the use of the site is not changing.
Conclusions: It can be concluded that the development meets Residential
Zone Standard (iv) for a Special Use Permit.
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit.
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Findings of Fact: The use of the site will remain as multiple-family residential.
The proposed amendment to the SUP will not change this fact.
Conclusions: This standard is not applicable to the proposed SUP amendment,
since there is no loss of residential land at this location.
(vi) Be compatible in terms of structure placement, height, orientation, or scale
with the predominate building pattern in the area.
Findings of Fact: The proposed SUP amendment will have no impact on the
compatibility of the structure with the predominant building pattern in the area.
The proposed expansion of the site will create a rear parking lot area that
includes required landscape screening.
Conclusions: Since the placement, height, scale, and massing, of the proposed
building will not be affected by the proposed SUP amendment and the proposed
parking lot complies with design requirements, it can be concluded that the
development meets Residential Zone Standard (vi) for a Special Use
Permit.
(vii) Be located on the lot with a greater setback or with landscape buffering to
minimize the impact of the use on adjacent property.
Findings of Fact: Apartment buildings do not require greater setbacks than other
uses in the zoning district, but the proposed setback is nonconforming. The
Special Use Permit allows for reconstruction of the structure, without
conformance to the minimum required rear yard, and side yard setbacks. A
parking lot with seven additional parking spaces is proposed to accommodate the
parking needs generated by the additional seven bedrooms. Required
landscaping is planned for the north, south and west perimeters of the parking
lot. This landscaping is intended to provide a landscape buffer to minimize the
impact on adjacent properties.
Conclusions: The purpose of granting the Special Use Permit, in this case, was
to allow reconstruction of a nonconforming structure on the site, without meeting
all required minimum building setbacks. The proposed amendment to the SUP
does not change this fact. Therefore, it can be concluded that the
development meets Residential Zone Standard (vii) for a Special Use
Permit.
(viii) Be consistent with all other applicable standards in the zone.
Findings of Fact: The Ames Development Review Committee (DRC) has
reviewed the revised site plan and determined it to be in compliance with
applicable General Development standards, the standards of the "RH" zoning
district, the standards for the "S-SMD" zoning district, and other city standards
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except for the nonconforming site features identified in this report. The property
owner has eliminated the nonconformities associated with handicap-accessible
parking and stacked parking that was part of the former garages. In this case, the
rebuilt structure will continue the use of a site with a number of dimensional
deficiencies for parking and landscaping that can only be corrected with full
redevelopment of the site.
The addition of a portion of the lot at 305 S. 4t" Street to the property at 301 S. 4"
Street requires approval of a Plat of Survey to combine the two parcels into a
single parcel for development. A condition requiring the Plat of Survey is
included with this approval.
Conclusions: There are no additional means of increasing compliance for the site
with the proposed reconstruction other than to require the additional parking
spaces without adding units and bedrooms. The proposed addition of bedrooms
within the ground level of the structure does not change the building's
compliance with standards. With a determination that the reconstruction meets
the other criteria of a Special Use Permit, as it relates to the proposed building, it
can be concluded that the development meets Residential Zone Standard
(viii) for a Special Use Permit.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice
of public hearing was placed on the subject property.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve this request for an amendment to
the Special Use Permit with the Modified Site Development Plan for the parking
addition to allow Rebuilding of a Damaged Nonconforming Structure in a
Residential Zone, at 301 S. 4t" Street, with the following condition:
A. That a Plat of Survey be approved by the City Council, and copies of the
recorded documents be received by the City Clerk's Office, prior to final
approval of the Minor Site Development Plan and issuance of a building
permit.
2. The Zoning Board of Adjustment may deny this request for an amendment to the
Special Use Permit with the Modified Site Development Plan for the parking
addition to allow Rebuilding of a Damaged Nonconforming Structure at 301 S. 4
Street, by finding that the project does not meet the criteria of Section 29.1503(4)
and/or Section 29.307(3)(c)(ii).
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3. The Zoning Board of Adjustment may approve an amendment with fewer
additional bedrooms and require the provision of the seven new parking spaces,
subject to Condition 1A, above.
4. The Zoning Board of Adjustment may refer this request back to the applicant or
to City staff for additional information.
RECOMMENDED ACTION:
The site includes a number of deficiencies compared to existing standards that will not
be remedied without redevelopment of the entire site. The deficiency in the number of
parking spaces on the site will not be resolved by the proposed amendment to add
seven bedrooms and seven parking spaces to the site. The question before the Board
is to allow the reconstruction of the non-conforming structure with deficient parking, but
also to allow for an expansion of use that does not exacerbate the non-conformity for
deficient parking.
However, the currently approved deficiency of eight parking spaces will not be
increased by the changes proposed to the approved Special Use Permit. Staff
concludes that the proposed amendment to the Special Use Permit to allow the addition
of seven bedrooms and seven parking spaces to the site of the reconstructed apartment
building at 301 S. 4t" Street, can be found consistent with the standards required for
granting of a Special Use Permit.
Therefore, based upon the Findings of Fact and Conclusions above, it is the
recommendation of the Department of Planning and Housing that the Zoning
Board of Adjustment act in accordance with Alternative #1, including Condition A.
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ATTACHMENT A: LOCATION &ZONING MAP
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ATTACHMENT B: LUPP FUTURE LAND USE MAP
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ATTACHMENT C: APPROVED REVISED SITE PLAN OAKRIDGE APARTMENTS-05/22/86
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ATTACHMENT D: ALTA SURVEY OF THE OAK RIDGE APARTMENT SITE
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ATTACHMENT F: EAST/WEST EXTERIOR ELEVATIONS SHEET A200)
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ATTACHMENT F: NORTH/SOUTH EXTERIOR ELEVATIONS SHEET A201
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