HomeMy WebLinkAboutA5 - ITEM #: 3-
DATE 06-28-17
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT-
-DATE PREPARED: June.23, 2017
CASE FILE.NO.: SUP-000217
REQUEST: To approve a Special Use Permit to allow. Enlargement of a.
Nonconforming Use in a Residential Zone.
PROPERTY OWNER: Angstrom Land Company LLC
CONTACT: Chris Nelson
LOCATION: 827 Northwestern Avenue
ZONING: "UCRM" (Urban Core.Residential Medium Density).
BACKGROUND AND-PROJECT DESCRIPTION:
Project Description. The applicant, Chris Nelson, is requesting a Special Use Permit
to allow "Enlargement of'a.Nonconforming Use in a Residential Zone" -on the property
located at 827 Northwestern Avenue (the southwest_ corner of the intersection. of
Northwestern Avenue and 9th Street). The subject site is anon-conforming lot with a-
non conforming - structure with a single residential unit and: a non-conforming_
commercia[use..-The building has been vacant for approximately years.
A Special Use Permit. is required.since it is enlarging the amount.of floor area that may
be occupied..by-a commercial use, and the commercial use is a nonconforming use in
the Urban Core Residential Medium Density (UCRM) zone. Granting of the request,-
through approval-of the Special Use Permit, would allow enlargement of-the-commercial
space in the building at.827 Northwestern Avenue (see Attachment A; Location:Map);..
by converting 195 square feet of existing . floor. area that is :residential, to a
nonconforming commercial use. A new commercial use may occupy .the building,_
provided it.falls within .the. zoning use category of retail sales.and.services. ..Use of the
building, divided as it-is, between a permitted single-family residential use; and a-non
conforming commercial use would-be allowed to continue,without.a Special Use.Permit..
The building-is a. :single-story.structure with a basement. .The ground level includes- .
1050 square -feet of total floor area, of which. 195 square feet- has- been.- used- as
residential, and 855 square feet was occupied by a commercial use. The .basement
includes approximately 638 square feet, and has been used:exclusively as storage for.
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the commercial business. The building is presently vacant, and has been since 2015.
The most recent use of the commercial space was by Kelley's TV, a television repair
shop. The residential space was occupied by the owner of Kelley's TV. The applicant
has provided photographs of the interior and exterior of the building, and graphics that
illustrate the existing and proposed interior layout of the space. A survey of the property
is attached, as well as a drawing that shows the portion of the lot occupied by the
building. The applicant plans to lease the building to a commercial tenant, in the use
category of retail sales and service, which is the same use category as the previous
commercial businesses that occupied the building.
Site Development, Repairs & Zoning History. The building on the property at 827
Northwestern Avenue was originally constructed in 1915, and occupied by Northwestern
Grocery until 1963. Kelley's TV was the next occupant of the building, and operated a
television repair shop until 2015. The owner of Kelley's TV lived in a small area of the
southwest corner of the building during an undetermined number of years. Once
Kelley's TV repair business was no longer active in 2015, and the residential portion of
the building was also vacant, utility services were disconnected. The building sat
vacant for 12-14 months prior to purchase by the current owner. During that time
period, the building fell into disrepair, as numerous holes formed in the roof of the
structure. Angstrom Land Company LLC, Chris Nelson, purchased the property in
December, 2016, and began the work of stabilizing the building. The property had been
neglected for several years, prior to purchase by the current property owner. A new
roof was installed in January, 2017, and structural repairs were completed in February,
March and April, 2017. Clean up of the property has been another high priority as non-
functioning vehicles, and other items were removed by the new property owner. At this
time, the applicant has not proposed a sign for the building, since the next occupant of
the building has not been determined.
Zoning history of the subject property, dating back to 1956, shows the property as
commercial, which was later rezoned to multiple family, then to low density residential,
and is presently zoned to allow a mix of single family and multiple family uses.
a
Zon�nHisfo. s
.,�
.�
Year ,e
Zoning
1956 "C" District
Local Business
1963 "AB"
Limited Multiple Residence District
1966 "R-3"
(Multiple Family Dwelling)
1975 "R-2"
Low Density Residential
1984 "R1-6"
Low Density Residential
2000 to Present "UCRM"
Urban Core Residential Medium Density)
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Parking. There are no parking spaces on the site. No evidence has been provided of
parking spaces on the property, since it was first developed in 1915. Off-street parking
would be required by current standards, if the building were being constructed today.
Therefore, since there is no parking on the site, the site is nonconforming in terms of off-
street parking requirements. Given the building size and configuration on the lot,
relative to the lot dimensions, there is not adequate space to provide parking for even
one vehicle.
Vehicles have parked on the site north of the building; however, this area of the site
does not have a paved surface, and the minimum required dimensions for parking
spaces, and drive aisles could not be met if the surface was to be paved with concrete,
or asphalt. Parking for multiple vehicles off-street, would require encroachment of the
vehicles onto the adjacent railroad right-of-way. On-street parking is available on one
side of streets in the general vicinity, including the west side of Northwestern Avenue (a
collector street), and the south side of 9th Street (a local street), east of Northwestern
Avenue. Compliance with zoning standards for the number and dimensions of parking
spaces and drive aisles, is not possible, given the size of the land area available on the
site for parking.
The current minimum required parking for the 1,493 square feet of commercial
business, in the category of retail sales and services, is five (5) spaces, based upon a
parking standard of one (1) space for every three hundred (300) square feet of gross
floor area. The minimum parking required for the small living area (residence) is two (2)
spaces. The total minimum number of parking spaces required by current zoning
standards for the television repair shop and the residence is seven (7) spaces.
Conversion of the living area (residence), which includes 195 square feet, to a
commercial use in the retail sales and services category would require one (1) parking
space, based upon a parking standard of one (1) space for every three hundred (300)
square feet of gross floor area. In accordance with current parking standards, the total
number of parking spaces required for use of the entire building as retail sales and
services is six (6) spaces, which is a reduction of one required parking space from the
mixed use of residence and commercial, as described above. Additional off-street
parking is required if the new commercial use generates the need for an increase of ten
(10) percent, or more, in the number of required parking spaces. Since the applicant's
proposal actually reduces the number of parking spaces required for the use, no
additional off-street parking is required by the proposed enlargement of the
nonconforming use.
Nonconforming Use/Zoning. The property at 827 Northwestern Avenue is located in
the "UCRM" (Urban Core Residential Medium Density) zoning district (see Attachment
8: Zoning Map). The "UCRM" zone allows single family dwellings as a permitted use.
Commercial businesses in the category of "retail sales and services" are not permitted
in the "UCRM" zone, and would be a nonconforming use. A "nonconforming use" is a
use that existed as a lawfully established use, prior to adoption of the current zoning for
the property.
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The surrounding neighborhood is zoned as "UCRM", and consists primarily of single
family homes, and the former Roosevelt Elementary School, located at 921 9th Street,
which has been converted to twenty individual owner-occupied condominium units.
Northwestern Avenue is a collector street, with heavier traffic volume than the other
streets in the neighborhood. 9th Street is classified as a local street with direct access to
Grand Avenue from the subject property. The Chicago & Northwestern Railroad right-of-
way, 100' wide, directly abuts the west property line of the subject property, and crosses
9th Street, at grade. This is a signalized crossing with arm guards. Sidewalks exist
along all streets adjacent to the site.
APPLICABLE LAW:
Chapter 29, Section 29.307(1)(a) & (2)(a) of the Municipal Code state the following:
Section 29.307. NONCONFORMITIES.
(1) General.
(a) Purpose. 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. This section
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. The regulations of this Section are
intended to:
(i) Recognize the interests of property owners in continuing to use
their property;
(ii) Promote reuse and rehabilitation of existing buildings; and
(iii) Place reasonable limits on the expansion of nonconformities that
have the potential to adversely affect surrounding properties and
the community as a whole.
(2) Nonconforming Uses. Any use of any structure or lot that was conforming or
validly nonconforming and otherwise lawful at the enactment date of this
ordinance and is nonconforming under the provisions of this Ordinance or that
shall be made nonconforming by a subsequent amendment, may be continued
so long as it remains otherwise lawful, subject to the standards and limitations of
this Section.
(a) Movement, Alteration and Enlargement.
(i) Enlargement.
a. A nonconforming use may not be increased in intensity and may
not enlarged, expanded or extended to occupy parts of another
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structure or portions of a lot that it did not occupy on the
effective date of this Ordinance, unless the enlargement,
expansion or extension complies with all requirements for the
zone, does not create an additional nonconformity, and is
approved for a Special Use Permit by the Zoning Board of
Adjustment, pursuant to the procedures of Section 29.1503,
excluding Section 29.1503 (4)(b)(vii) of the Review Criteria
General Standards, except as described in Subsection b.
following.
b. Any building or structure containing a nonconforming use may
be enlarged up to 125% of the floor area existing on the
effective date of this ordinance, provided that the expanded
building or structure complies with all density, coverage and
spatial requirements of the zone in which it is located.
c. The enlargement of a nonconforming use that has the effect of
making a structure nonconforming, other than as described in
subsection b. above, shall not be specially permitted pursuant to
Section 29.1503, but rather shall be construed as a request for
variance, subject to the procedures of Section 29.1504.
Chapter 29, Section 29.406(1) & (2)(b) of the Municipal Code states the following:
Sec. 29.406. OFF-STREET PARKING.
(2) Required Parking Spaces. Off-street parking spaces must be provided in
accordance with the minimum requirements set forth in Table 29.406(2) below,
for any new building constructed and for any new use established.
(b) Whenever a building or use lawfully existed on the effective date of this
Ordinance, May 1, 2000, is enlarged in floor area, number of employees,
number of dwelling units, seating capacity, or otherwise to create a need
for an increase of 10% or more in the number of required parking spaces,
such spaces shall be provided on the basis of such enlargement or
change.
Chapter 29, Section 29.1503(1) & (4)(a),(b) and (e) of the Municipal Code states the
following:
Sec. 29.1503. SPECIAL USE PERMIT.
(1) Purpose. This Section is intended to provide a set of procedures and standards
for specified uses of land or structures that will allow practical latitude for the
investor or developer, but that will, at the same time, maintain sound provisions
for the protection of the health, safety, convenience and general welfare. This
Section permits detailed review of certain types of land use activities that,
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because of their particular and unique characteristics, require special
consideration in relation to the welfare of adjacent properties and to the
community as a whole. Land and structural uses possessing these
characteristics may be authorized within designated zones by the issuance of a
Special Use Permit. This Section also provides for the use of Single Family
Dwellings, Two Family Dwellings, and Single Family Attached Dwellings by a
Functional Family.
(4) Review Criteria. Before a Special Use Permit application can be approved, the
Zoning Board of Adjustment shall establish that the following general standards,
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:
(i) Be harmonious with and in accordance with the general principles
and proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or 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;
(iii) Not be hazardous or disturbing to existing or future uses in the
same general vicinity;
(iv) Be served adequately by essential public facilities and services
such as highways, streets, police, fire protection, drainage
structure, refuse disposal, water and sewage facilities, and/or
schools;
(v) Not create excessive additional requirements at public cost for
public facilities and services;
(vi) Not involve uses, activities, processes, materials, 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; and
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
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(b) Residential Zone Standards. The Zoning Board of Adjustment shall
review each application for the purpose of determining that each proposed
use in a residential zone meets the following standards, as well as those
set forth in Section 29.1503(4)(a) above and, in addition, shall find
adequate evidence that each use in its proposed location will:
(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;
(ii) 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;
(iii) 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 and
moving vans;
(iv) Not have noticeably different and disruptive hours of operation;
(v) Be sufficiently desirable for the entire community that the loss of
residential land is justifiable in relation to the benefit;
(vi) Be compatible in terms of structure placement, height, orientation
or scale with the predominate building pattern in the area; I
(vii) Be located on the lot with a greater setback or with landscape
buffering to minimize the impact of the use on adjacent property;
and
(viii) Be consistent with all other applicable standards in the zone.
(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 observed.
STATEMENT OF APPLICANT IN SUPPORT OF PROPOSAL: The applicant has
provided the attached application including statements as to how the proposed
enlargement of a nonconforming use meets the requirements for a Special Use Permit.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the facts provided in the application, and the plans and photographs
included with the application, the following findings of fact and conclusions may be
made regarding the standards of approval.
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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 "One- & Two-Family
Medium Density Residential' on the Land Use Policy Plan (LUPP) Future Land
Use Map. The zoning is "UCRM" (Urban Core Residential Medium Density).
Properties throughout the surrounding neighborhood are also designated as
"One- & Two-Family Medium Density Residential" on the LUPP Map. Properties
east of the Chicago & Northwestern Railroad right-of-way are zoned "UCRM",
and the properties west of the railroad right-of-way are zoned "RL" (Residential
Low Density).
The LUPP identifies intent for commercial development to occur at varying scales
from neighborhood to regional with a focus on connecting commercial
development to its particular surroundings and needs of neighborhoods. There
are higher design expectations for commercial areas to present attractive and
compatible commercial environments.
Conclusions: The subject property has been occupied by a commercial use
since it was first developed in 1915. The proposed use alters the use of the
interior space, slightly, but will not affect use of the exterior space. Provided the
property is consistently maintained, and traffic to the site primarily comes
from Northwestern Avenue, it can be concluded that the property meets
General Standard (i) for a Special Use Permit.
(ii) 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: Exterior changes to the building include repairs to the roof,
stabilization of the south wall, installation of a new window on the north walk, and
plans to construct new concrete steps and landing to the front entrance of the
building. No additional exterior changes involving lighting, noise, or expansion of
the building are proposed. The site currently has no on-site parking. The
proposed change does not increase the amount of required parking for the site.
The level of non-conformity relating to parking is unchanged from current
conditions.
Conclusions: The property owner does not propose to change the scale or
appearance of the structure, the small conversion of space would not
substantially increase the commercial activity associated with the site. The
lack of parking is unchanged by the proposal. Due to existing conditions,
scale and appearance of the building, and previously levels of activity, the
proposal can be found to be compatible with its surroundings and it can be
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concluded that the property meets General Standard (ii) for a Special Use
Permit.
(iii) Not be hazardous or disturbing to existing or future uses in the same
general vicinity.
Findings of Fact: The primary uses in the general vicinity are single-family
detached residential uses, and condominium units in the former Roosevelt
School building. Access to the site is from Northwestern Avenue, where there is
the greatest traffic volume. No noise, or additional lights will result from the
expansion of the nonconforming commercial use.
Conclusions: The proposed expansion of the commercial use of the building
should not be disturbing or hazardous to existing and future uses in the area.
Therefore, 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: With the building, most recently occupied by commercial and
residential uses, public services are already provided for the site. Expansion of
commercial use of the building will not require any additional public services than
required by the previous occupants. No trash dumpster exists, nor is one
proposed on the site.
Conclusions: This property is already 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 or the existing buildings
on the property.
Conclusions: The new use 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.
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Findings of Fact: The specific commercial use that will occupy the building has
not yet been determined. The category of commercial uses proposed for the
building is "retail sales and services — general', which includes a variety of uses.
Traffic will be generated by the new use, with customers accessing the site from
Northwestern Avenue, and vehicles parking on the Northwestern Avenue along
the west curb of the street. The expansion of approximately 12% of the
commercial floor -area (195 square feet), in and of itself, would not cause a
substantial increase in traffic for a retail sales and service trade use.
Conclusions: The specific tenant of the building is unknown, but the range of
uses permitted within the retail sales and services category are not high volume
activity uses when considering the unique location and scale of the this site.
Restaurants, bars, entertainment uses, etc. that may have a high volume of
customers throughout the day and at peak times are not permitted by this
request.
Therefore, to conclude that the property meets General Standard (vi) for a
Special Use Permit, a condition must be placed upon approval of the
Special Use Permit that all commercial use must be operated in a manner
that is compatible with the surroundings and not create a nuisance to the
surroundings.
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
Findings of Fact: The existing and proposed commercial use of the building is not
a permitted uses for the subject property, within the "UCRM" (Urban Core
Residential Medium Density) zoning district.
Conclusions: Since the proposed use is "nonconforming," it is not possible to
meet the intent and purpose of the "UCRM" zone. However, the enlargement of
a nonconforming use is allowed within the provisions of the Zoning Ordinance
and applies to all zoning districts. Per the standards of expanding a
nonconforming use, it must comply with all requirements for the zone, does not
create an additional nonconformity, and is approved for a Special Use Permit by
the Zoning Board of Adjustment (see Section 29.307(2)(a)(i)a.). Although the
nonconforming use does not meet criteria for the base zone, since the use is
"nonconforming," it does meet the intent of the Zoning Ordinance to determine on
case-by-case basis small changes to non-conforming uses. On this basis, it
can be concluded that the property meets the General Standard (vii) for a
Special Use Permit.
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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 type of commercial use that will occupy the building must
be within a category of uses, described as "retail sales and services — general."
The adjacent street, Northwestern Avenue, is a collector street running
north/south through the community from 6th Street to 301h Street. It is designed to
accommodate a volume of traffic, which will not be exceeded by the addition of a
retail sales and services type of business on the subject property. The site also
has pedestrian access via sidewalks on all adjacent streets.
Conclusions: Traffic volumes accessing the subject property will not exceed the
capacity of the adjacent streets. The street network will be able to maintain the
current street classification and level of service once the new commercial
business opens. It can be concluded that the development meets Residential
Zone Standard (i) for a Special Use Permit.
(ii) 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 travel pattern to the site has been established over the past
100+ years that the site has been the location of a retail sales/service type of
business. Customers of the business, as well as delivery or service vehicles, will
access the site from Northwestern Avenue, adjacent to the east. Customer and
delivery vehicles must park on the street, since there is not space available on
the site for parking. Vehicle parking is available on the west side of Northwestern
Avenue, and on the south side of 9th Street, east of Northwestern Avenue. This
parking abuts the site and also serves the residential homes that exist south of
the site. No on-street parking is allowed on 9th Street, between Northwestern
Avenue and the railroad crossing. Parking is permitted further to the west.
Conclusions: Presence of parking and sidewalks adjacent to the site do support
the use of the site with small-scale commercial uses even though no on-site
parking exists. Parking enforcement may be necessary to ensure future
compliance with parking requirements. Therefore, if approval of the Special
Use Permit is conditioned to address this concern, it can be concluded that
the proposed use meets the Residential Zone Standard (ii) for a Special
Use Permit.
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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 United Parcel
Service (UPS) and Federal Express (Fed Ex) delivery trucks, which would not
exceed a gross vehicle weight of 26,000 pounds. Semi trucks are not anticipated
for vendors of the new commercial use.
Conclusions: Since vehicles serving the site fall within the maximum
allowed weight, it can be concluded that the development meets
Residential Zone Standard (iii) for a Special Use Permit.
(iv) Not have noticeably different and disruptive hours of operation.
Findings of Fact: At this time, a new tenant for the building has not been secured.
Hours of operation for retail sales and services vary greatly, depending upon the
specific business. The prior use as a television repair shop would have had
mostly typical 8 to 5 operating hours.
Conclusions: Since the hours of operation with the addition of the new
commercial business are not known, at this time, and this is a residential
neighborhood, staff believes that approval of the Special Use Permit needs to
include a restriction on open hours for business to ensure compatibility. A limit of
8:00 am. to 6:00 p.m., Monday through Saturday, would be less disruptive to the
neighborhood than business hours in the evening and weekends when residents
of the neighborhood are at home. Therefore, if approval of the Special Use
Permit is conditioned to address this concern, it can be concluded that the
proposed use meets the Residential Zone Standard (ii) 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.
Findings of Fact: The existing site has been the location of a retail commercial
use, since it was first constructed in 1915, so no loss of land for residential
development will occur.
Conclusions: Since there will be no loss of residential land, it can be
concluded that the development meets Residential Zone Standard (v) for a
Special Use Permit.
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(vi) Be compatible in terms of structure placement, height, orientation, or scale
with the predominate building pattern in the area.
Findings of Fact: There is no proposed change in the height, or scale of the
building on the site, as part of the request for a Special Use Permit. The site will
remain consistent with the existing building pattern of the neighborhood.
Conclusions: No change in the existing building will occur with the approval of the
proposed special use permit. Therefore, 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.
Findin-gs of Fact: The proposed use will not change the existing layout of the site.
The existing building has been in place since 1915. The site is non-conforming in
lot size and built conditions.
Conclusions: The lot size and the setback of existing buildings on the subject
property is nonconforming to current zoning standards; however, no changes in
lot size, or site layout are proposed from what current exists. 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.
Findinas of Fact: Enlargement of a nonconforming use in a residential zone
requires approval of a Special Use Permit by the Zoning Board of Adjustment,
and the SUP criteria in Section 29.1503(4)(a) & (b), must be met.
A portion of the lot is being used for off-street parking. The parking area does
not meet minimum zoning standards for parking space and drive aisle
dimensions, nor does the parking surface meet requirements for concrete, or
asphalt surfacing. The informal use of the site with parking is not recognized by
the City as a parking area.
Conclusions: To maximize the consistency of development of nonconforming
uses with permitted uses in the "UCRM" zone, it is important to comply with as
many of the development standards as possible. Since parking standards cannot
be met on-site, including minimum dimensions and parking surface requirements,
City staff believe parking of vehicles on the site should be prohibited for the
appearance and condition of the site to be more consistent with the character of
this residential neighborhood. Provided off-street parking on the site that
does not meet the minimum zoning standards for dimensions, and
surfacing is prohibited, as a condition of approval of a Special Use Permit,
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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. A letter/petition (distributed to
the Board) has been received expressing concern about a commercial use on the
property, and suggestion of conditions if the use is approved to mitigate its affects on
the neighborhood.
ALTERNATIVES:
1. The Zoning Board of Adjustment can approve this request for a Special Use
Permit to allow enlargement of a nonconforming commercial use in a residential
zone, at 827 Northwestern Avenue, with the following conditions:
A. All commercial use must be operated in a manner that is compatible with the
surroundings and not create a nuisance to the surroundings.
B. Open hours for business shall be limited to the hours of 8:00 a.m. to 6:00
p.m., Monday through Saturday, with no evening or Sunday hours open for
business.
C. Off-street parking on the site that does not meet the minimum zoning
standards for dimensions, and surfacing, shall not be permitted. The area of
the site previously used for parking on-site, shall be maintained as a
landscaped area covered with vegetative ground cover.
2. The Zoning Board of Adjustment can deny this request for a Special Use Permit
to allow enlargement of a nonconforming commercial use in a residential zone, at
827 Northwestern Avenue, by finding that the project does not meet the criteria of
Section 29.1503(4)(a)&(b).
3. The Zoning Board of Adjustment can refer this request back to the applicant or to
City staff for additional information.
RECOMMENDED ACTION:
Staff concludes that the request for a Special Use Permit request to allow enlargement
of a nonconforming commercial use in a Residential Zone, at 827 Northwestern
Avenue, is consistent with the standards required for granting of a Special Use Permit,
provided the approval includes the conditions described in Alternative #1. 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.
14
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ATTACHMENT B: ZONING MAP
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Location & Zoning Map
827 Northwestern Avenue
A_
0 36 70 140 210
feet
16