Zoning Board of Appeals Packet 11-09-2010

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                                                  CITY OF MUSKEGON
                                               ZONING BOARD OF APPEALS
                                                   REGULAR MEETING

DATE OF MEETING:                        November 9, 2010
TIME OF MEETING:                        4:00 p.m.
PLACE OF MEETING:                       Commission Chambers, First Floor, Muskegon City Hall

                                                                  AGENDA

I.     Roll Call

II.    Approval of Minutes of the Regular Meeting of September 14, 2010

III.   PUBLIC HEARINGS
       A. Hearing Case 2010-006: Request for a use variance to allow occupancy of two separate
          single family residential structures located on one parcel, in an R-1 Single-Family
          Residential Zone, at 569 W. Webster, by David Medendorp, Alt Property Management.
       B. Hearing Case 2010-007: Request for a variance from the minimum lot area requirements in
          Section: 1100(11), to allow a residential use as part of a building located on a parcel in a B-2
          Convenience and Comparison Business District, at 1996 W. Sherman Blvd., by Stephan
          Holdeman.

       C. Hearing Case 2010-008: Request for a variance from Section 2326: Off Street Parking and
          Loading, to reduce the number of parking spaces required from 13 to 12 spaces at, 1996 W.
          Sherman Blvd., by Stephan Holdeman.

IV.    OLD BUSINESS

IV.    Adjourn




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                                                           Ann Marie Becker, City Clerk
                                                               933 Terrace Street
                                                              Muskegon, MI 49440
                                                                (231) 724-6705
                                      CITY OF MUSKEGON
                                   ZONING BOARD OF APPEALS
                                        STAFF REVIEW

                                           November 9, 2010



Hearing, Case 2010-006: Request for a use variance to allow occupancy of two separate single
family residential structures located on one parcel, in an R-1 Single-Family Residential Zone, by
David Medendorp (Alt Property Management)

BACKGROUND:
Applicant: David Medendorp, Alt Property Management, 4265 Grand Haven Rd., Muskegon
Property Owner: Unlikely 3 LLC, 4265 Grand Haven Rd., Muskegon

Property Address(location): 569 W. Webster

Zoning: R-1 Single Family Residential

Current Land Use: Two Vacant Single Family Structures

Request: Use variance to allow two-single family structures on one lot to be occupied.

STAFF OBSERVATIONS
1. The subject property was registered as a nonconforming three-family residence, with two buildings
   on the parcel, until the most recent Certificate of Compliance expired on May 1, 2007.
2. The last residential water usage occurred prior to the meter reading of October 13, 2004. Subsequent
   meter readings appear to indicate a broken pipe in the building. Typical water usage increased from
   an average of 50 units per month, in the 6 months prior to the February 2005 reading, to an average
   of over 335 units on the next three meter readings. These meter readings appear to establish a
   beginning timeline of when the buildings were abandoned.
3. An inspection department staff member began the process to inspect the home on June 28, 2007,
   however, could not gain entry. The inspector has indicated to staff that the buildings were empty at
   that time.
4. On September 5, 2008 a police report was made due to a police officer investigating the possibility
   of a breaking & entering in progress at the two buildings on this parcel. The officer found the rear
   home, which is known as 569 ½ W. Webster, unsecure and with an open front door and a broken
   window. The inspections subsequently had the front door, rear door & window boarded up to
   prevent entry.
5. Since more than two years have passed since this property was registered as a three family dwelling,
   and was abandoned, it has lost its nonconforming status.
6. The zoning in the surrounding neighborhood is R-1 Single Family Residential and land uses are
   mixed with both single family and multi-family dwelling units in the area.
7. The proper zoning district for a parcel of land with multiple dwelling structures similar to this parcel
   would be RM-1 Low Density Multiple Family Residential Districts.
8. The front building at this address was formerly a two unit and has since been converted to a single
   family structure. The rear building has been a single family structure. The owners are working
   closely with the inspections department to acquire the necessary certificates if a variance is allowed.
9. The ordinance requires 2 parking spaces per dwelling unit, and there are currently no parking spaces
   available for either building on this site. The property owners have acquired a vacant lot next door
   at 575 W. Webster and have applied for approvals to install 4 paved parking spaces and a storage
   shed. To comply with the ordinance the vacant lot at 575 W. Webster must be combined by the
   assessing department with 569 W. Webster. This will ensure that parking will remain available for
   the two structures and allow the partial use of this vacant land for parking. Vacant lots may not be
   principally used for parking in an R-1, Single-Family Residential zone.
10. This is not a Variance request from Section 2304: One Building to a Lot, as such, it would have no
    impact on the two nonconforming structures, particularly if they were no longer allowed because of
    an event covered in Section 2203: Nonconforming Structures. As an example, if one of the
    structures was damaged by fire in excess of 75% of its replacement cost, it would not be allowed to
    be rebuilt and the remaining structure would have to remain only a single family structure.
    Additionally, a condition of approval, if adopted and approved, would render the use variance null
    and void if one of the existing buildings were destroyed or removed. This would prevent an owner
    from using this use variance to convert the remaining building into a two family dwelling unit.
11. The exterior of the homes are consistent with other single family residences nearby.
12. Use variances require a 2/3 majority vote of the membership of the Zoning Board of Appeals to be
    approved. This has been determined to be 5 members.
13. Staff has received one comment from Linda Aumiller of 578 W. Webster. Ms. Aumiller called to
    express her general concerns regarding some of the previous problems and conditions at this
    property and concerns about some recent uses, such as a large portable sign placed on the vacant lot
    and people sleeping on the porch.
    ORDINANCE EXCERPTS:

ARTICLE XXV - ZONING BOARD OF APPEALS

SECTION 2502: POWERS AND DUTIES
…
    4. Use Variances

       The ZBA shall have the power to authorize upon appeal in specific cases, filed as required by
       this article, such use variances from the provisions or requirements of this chapter as will not be
       contrary to the public interest; but only in such cases where, owing to special conditions
       pertaining to a specific piece of property, the literal enforcement of the provisions or
       requirements of the chapter would cause unnecessary hardship.

       The purpose and intent of this Ordinance is that every landowner in the City of Muskegon should
       enjoy a beneficial use of their property. A use variance is a process by which the City evaluates
       the allegation that there is no beneficial use, and can provide relief from the regulations by
       granting additional development potential to provide a beneficial use of the property. It is also
       the intent of this Section that such relief not increases the potential for damaging the health,
       safety, or welfare of future users of the property or neighbors that might reasonably anticipated if
       the landowner were permitted to engage in or construct the use proposed. Under no conditions
       shall a use variance be granted unless there is a finding of no beneficial use.

       No such use variance in the provisions of requirements of this chapter shall be authorized by the
       ZBA unless the ZBA finds that all the following facts and conditions exist:

       a.     That the property could not be used (put to a reasonable use) for the purposes permitted
              in that zone district.

       b.     That the plight is due to unique circumstances peculiar to the property and not to general
              neighborhood conditions.

       c.     That the proposed use would not alter the essential character of the area and will not
              materially impair the purposes of this ordinance or the public interest.

       d.     That the alleged hardship is caused by the Ordinance and has not been created by any
              person presently having an interest in the property, or by any previous owner.

       e.     That the alleged hardship is not founded solely upon the opportunity to make the property
              more profitable or to reduce expense to the owner.

       f.     That the requested variance is the minimum action required to eliminate the hardship.

       g.     That the use variance does not permit a use specifically identified by this Ordinance as a
              use excluded from the particular zone in which requested.
h.     The extent to which the ordinance protects users or neighbors from threats to health,
       safety and welfare shall be considered. A use that seriously threatens the health of future
       residents or neighbors is not a beneficial or allowable use.

i.     In no case shall a use that is a nuisance per se, or a use which in that particular location
       constitutes a nuisance, be granted as a use variance. Such uses are not legal uses of the
       land.

The following data shall accompany all applications for a use variance:

a.     A site plan must be submitted which meets the requirements of this ordinance.

Every use variance approved by the ZBA shall require a time for completion of improvements.
Ordinance Excerpts:

SECTION 2304: ONE BUILDING TO A LOT

No more than one principal building may be permanently established on a lot or parcel, unless
specifically provided for elsewhere in this Ordinance as in the case of a condominium development, site
planned use, planned unit development, or multiple family development.




ARTICLE IV - R ONE FAMILY RESIDENTIAL DISTRICTS


                                                PREAMBLE

These districts are designed to be composed of low density residential development. The regulations are
intended to stabilize, protect, and encourage the residential character of the district and prohibit activities
not compatible with a residential neighborhood. Development is limited to single family dwellings
and such other uses as schools, parks, churches, and certain public facilities which serve residents of the
district. It is the intent of these districts to recognize that the City of Muskegon has been developed and
platted with some lots that are smaller than those found in recently urbanized communities, and the
standards in Section 2100 reflect residential development standards that the citizens of Muskegon find to
be compatible.


SECTION 400: PRINCIPAL USES PERMITTED

In R, One Family Residential, Districts no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one or more of the following specified uses,
unless otherwise provided in this Ordinance;

1.     One Family detached dwellings.



ARTICLE VII - RM-1 LOW DENSITY MULTIPLE-FAMILY RESIDENTIAL DISTRICTS

                                               PREAMBLE

The RM-1 Low Density Multiple Family Residential Districts are designed to provide sites for multiple
family dwelling structures, and related uses, which will generally serve as zones of transition between
the nonresidential districts and the lower density One Family and Two Family Residential Districts, and
MHP Mobile Home Park Districts.
SECTION 700: PRINCIPAL USES PERMITTED

In an RM-1 Low Density Multiple Family Residential District no building or land shall be used and no

building shall be erected, structurally altered, or occupied except for one (1) or more of the following

specified uses, unless otherwise provided for in this Ordinance:


1.     All Principal Uses Permitted in the R One Family and RT Two Family Residential Districts with
       the lot area, yard, and floor area requirements for one (1) and two (2) family dwellings equal to
       at least the requirements of the immediately abutting residential district.

2.     Multiple dwellings and row houses for any number of families.


                   ARTICLE VI - RT TWO FAMILY RESIDENTIAL DISTRICTS


PREAMBLE

The RT Two Family Residential Districts are designed to be compatible with one (1) family residential
densities, and to be located along major thoroughfares so as to provide transition between the
thoroughfare and one (1) family district. The RT zones of transition between higher density RM and
MHP Districts, or nonresidential districts, and low density one (1) family residential districts.


SECTION 600: PRINCIPAL USES PERMITTED

In an RT Two Family Residential District no building or land shall be used and no building shall be
erected, structurally altered, or occupied except for one (1) or more of the following specified uses,
unless otherwise provided in this Ordinance:

1.     One and two family detached dwellings.
Application Page 2:
Site Plan:
Notification & Vicinity Map:
Site Photos:
Proposed Parking Area:
Water Records:
DETERMINATION:
The following motion is offered for consideration:

I move that the use variance to permit the two structures at 569 W. Webster Avenue to each be occupied
as a one-family residence in an R-1 Single Family Residential zone be (approved/denied), based on the
following review standards (found in Section 2502 of the Zoning Ordinance) subject to conditions (only
if approved):

a. That the property (could not/could) be used (put to a reasonable use) for the purposes permitted in
   that zone district.

b. That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead) to
   general neighborhood conditions.

c. That the proposed use (would not/would) alter the essential character of the area and (will not/will)
   materially impair the purposes of this ordinance or the public interest.

d. That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by any
   person presently having an interest in the property, or by any previous owner.

e. That the alleged hardship (is not/is) founded solely upon the opportunity to make the property more
   profitable or to reduce expense to the owner.

f. That the requested variance (is/is not) the minimum action required to eliminate the hardship.

g. That the use variance (does not/does) permit a use specifically identified by this Ordinance as a use
   excluded from the particular zone in which requested.

h. The use (does/does not) seriously threatens the health of future residents or neighbors.

i. The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
   constitute) a nuisance.

CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. The properties 569 W. Webster and 575 W. Webster are combined into one parcel by the Muskegon
   County Assessing Department.
3. Four paved parking spaces shall be provided on the property at 569 W. Webster.
4. The two single family homes are properly registered, certified and occupied within one year.
5. This variance becomes null & void if either of the structures become damaged or destroyed to the
   point they are no longer considered a legal nonconforming structure, as defined in Section 2203:
   Nonconforming Structures.
6. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
   void.
Hearing Case 2010-007: Request for a variance from the minimum lot area requirements in Section:
1100(11), to allow a residential use as part of a building located on a parcel in a B-2 Convenience &
Comparison Business District.
BACKGROUND:
Applicant: Stephan Holdeman

Property Owner: Same

Property Address(location): 1996 W. Sherman Blvd.

Zoning: B-2 Convenience & Comparison Business

Current Land Use: Office & retail spaces

Request: A variance request to reduce the required lot size to allow the occupation of a portion of the
building at the above address for occupancy as a residential living unit.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are R-1 Single Family Residential to the east along W. Sherman, B-1:
   Limited Business directly to the north and B-2 Convenience & Comparison Business District to the
   West across McCracken.
2. This case is the result of ongoing discussions between the property owner and city staff members
   and ultimately a court complaint filed by the city requesting injunctive relief.
3. On June 30th, 2010, I accompanied a city inspector investigating a tenant complaint and we went into
   the residential living unit in the building, this unit is labeled 1984. Upon my return to our office my
   research confirmed that there has never been a Certificate of Compliance issued to this residential
   unit nor permits for the conversion from commercial use.
4. Because it has long been a source of continued problems and misunderstandings with this property,
   it is very important to note that the applicant continues to refer to the building using various postal
   addresses, instead of the single legal address for the property, which is 1996 W. Sherman Blvd. The
   application for the two variances incorrectly used the postal address or unit number assigned to the
   portion of the building that has been converted to residential use. The address on the application was
   corrected by staff and initialed.
5. The B-2 ordinance language allows for a residential use as part of a building in this zone, if it has
   been issued a Certificate of Occupancy from the Inspections Department and meets the minimum lot
   requirements for the RM-2 District.
6. This parcel of land is 10,625 square feet in size; the minimum lot size required for parcels in the
   RM-2 District is 14,520 square feet in size. This lot is then 3895 square feet too small in area to
   allow a residential unit to be part of this building.
7. The property owner claims that the residential unit had a permit for its conversion in February 1994,
   city staff disagrees with this belief. Regardless of this disagreement, the ordinance language
   regarding lot size was the same at that time, as it is now, and the parcel has never met the two
   requirements which allow residential uses as part of a building in the B-2 District. With that said,
   this property was formerly zoned B-1, until September 2003, even when zoned B-1 it did not meet
   the minimum qualifications to allow a residential unit as part of the building in a B-1 District. The
   B-1 District language requires that the residential unit be issued a Certificate of Occupancy from the
   Inspections Department and the parcel of land meets the minimum lot requirements for the RM-1
   District. This minimum lot size is 10,890 square feet. Since the current lot is 10,625 square feet, the
   parcel was 265 square feet too small to allow a residential use, even when it was previously zoned
   B-1.
8. Additionally, Mr. Holdeman owns 2572 McCracken, which is the property directly to the north of
   this parcel. The McCracken parcel has a former dentist office located on it and a gravel parking
   area, it is currently zoned B-1 Limited Business. Staff has repeatedly tried to explain to Mr.
   Holdeman that he could split the McCracken parcel giving just enough land to 1996 W. Sherman to
   make it conforming and allow it to have a residential unit. Furthermore, Mr. Holdeman’s attorney
   has informed us that Mr. Holdeman is in the process of converting the former dentist office back into
   a residential unit. Since no permits have been applied for we can’t verify these actions, but if it is in
   fact Mr. Holdeman’s course of action, it would be an illegal conversion and then render the
   McCracken property legally unusable, either as a residence or as a B-1 use, or even as a parking lot
   for overflow to 1996 W. Sherman.
9. The submitted site plan is incorrect in its depiction of parking spaces. When staff visited the site on
   October 22nd. and inspected the exterior I found 13 parking spaces faintly outlined with old striping.
   Each space is approximately 9 feet wide. Our ordinance only requires parking spaces to be a
   minimum of 8 feet wide.
10. Without expansion of this property, by combining land from the adjacent parcel, it appears the
    owner has not applied for all the variances that may ultimately be needed. Since there are no
    dimensions on the site plan staff could not verify the maneuvering lane width and parking space
    sizes but after my site visit, it appears the property will not have the required 22 feet of lane width
    for two-way traffic and still have 8 x 18 foot parking spaces as required.
11. Staff has suggested that the proper course of action to resolve all current and probable new issues
    with both of these properties, based upon the information staff now has, without any variance
    requests or court actions, would be as follows:
       a.      Split the McCracken property and give approximately 4000 square feet to 1996 W.
               Sherman. The remaining McCracken lot would be 8825 Square feet which is well above
               the required 6000 square feet for an R-1 zoned lot and above the required 4,000 that is
               required for a B-1 zoned lot. This would give the Sherman lot more than the 14,520
               Square feet that is required and increase the parking area to comply with the current
               parking needs along with some extra parking in case of different uses in the 1996 W.
               Sherman Building. Changes in uses can increase the parking that is required.
       b.      Request to rezone the small sliver of land that has been joined from the McCracken
               property to the Sherman property from B-1 to B-2 so it is the same zone as the building.
       c.      Request the rezoning of 2572 McCracken to R-1 Single Family residential if the owner’s
               intent is for it to be a residential unit again. This would allow the property owner to
               pursue the proper permits and it could eventually become legally occupied as a
               residential unit and leave it with a place for a legal parking area of two vehicles.
8. Mr. Holdeman has been resistive to this solution or any form of it in the past, and has expressed his
   desire to seek a variance instead.
9. Staff has not received any public comments.
Application Page 1:
Explanation of Variance Request:
Page Two :
Notification Map:
Site Plan:
Marketing Brochure:
Building Photos:
                                Ordinance Excerpts (Emphasis Added):

       ARTICLE XI - B-2 CONVENIENCE AND COMPARISON BUSINESS DISTRICTS

PREAMBLE

The B-2 Convenience and Comparison Business Districts are designed for the convenience and
community shopping needs of residents in the Muskegon Area, and they are intended to be located in
planned groups near the intersection of major thoroughfares. All business establishments shall be retail
or service establishments dealing directly with consumers, and all goods produced on the premises shall
be sold at retail on the premises where produced. All business, servicing or processing, except off-street
parking or loading, shall be conducted within a completely enclosed building, unless otherwise provided
by this Ordinance and specifically approved by the City.

SECTION 1100: PRINCIPAL USES PERMITTED

11.    Residential uses as part of a building in this business zone shall be allowed upon issuance of a
       Certificate of Occupancy from the Department of Inspections, but provided that the minimum
       lot area requirements of the RM-2 District are met.




                       ARTICLE X - B-1 LIMITED BUSINESS DISTRICTS

PREAMBLE

The B-1 Limited Business Districts are designed primarily for the convenience of persons residing in
adjacent residential areas or neighborhoods, and to permit only such uses as are necessary to satisfy
those limited basic, daily shopping and/or service needs, which by their very nature are not similar to the
shopping patterns of the B-2 convenience and Comparison, B-3 Central Business District, and B-4
General Business Districts. B-1 Districts are also intended to be utilized at planned locations in the City
as zones of transition between major thoroughfares and residential areas, and between intensive
nonresidential areas and residential areas. In the B-1 District all business establishments shall be retail
and/or service establishments dealing directly with consumers. All goods produced on the premises
shall be sold at retail on the premises where produced. All business, servicing or processing, except off-
street parking or loading, shall be conducted within a completely enclosed building, or in an area
specifically approved by the City.

SECTION 1000: PRINCIPAL USES PERMITTED

In a B-1 Limited Business District no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (1) or more of the following specified uses, unless
otherwise provided for in this Ordinance:

5.     Residential uses as part of a building in this zone shall be allowed upon issuance of a
       Certificate of Occupancy from the Department of Inspections, provided that the minimum lot
       area requirements of the RM-1 District are met.
Table 1:
DETERMINATION:
The following motion is offered for consideration:

I move that the variance request from Section 1100 (item 11) permitting a reduction in the required lot
size from the RM-2 District area of 14,520 square feet, to 10,625 square feet, be (approved/denied),
based on the following review standards (found in Section 2502 of the Zoning Ordinance) subject to
conditions (only if approved):

a.      That the property (could not/could) be used (put to a reasonable use) for the purposes permitted
        in that zone district.

b.       That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead)
     to general neighborhood conditions.

c.       That the proposed use (would not/would) alter the essential character of the area and (will
     not/will) materially impair the purposes of this ordinance or the public interest.

d.      That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by
     any person presently having an interest in the property, or by any previous owner.

e.      That the alleged hardship (is not/is) founded solely upon the opportunity to make the property
     more profitable or to reduce expense to the owner.

f.      That the requested variance (is/is not) the minimum action required to eliminate the hardship.

g.       That the use variance (does not/does) permit a use specifically identified by this Ordinance as a
     use excluded from the particular zone in which requested.

h.      The use (does/does not) seriously threatens the health of future residents or neighbors.

i.      The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
     constitute) a nuisance.

CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. A new site plan is provided to staff that meets ordinance requirements and becomes approved,
   showing the required number of parking spaces with dimensions of the parking spaces indicated and
   dimensions of the fire & maneuvering lanes.
3. This variance is valid for the final approved site plan and submitted floor plan on record with this
   case.
4. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
   void.
Hearing Case 2010-008: Request for a variance from Section 2326: Off Street Parking and Loading, to
reduce the number of parking spaces required from 13 to 12 spaces at, 1996 W. Sherman Blvd.
BACKGROUND:
Applicant: Stephan Holdeman

Property Owner: Same

Property Address(location): 1996 W. Sherman Blvd.

Zoning: B-2 Convenience & Comparison Business

Current Land Use: Office & retail spaces
Request: A variance request to reduce the required number of parking spaces.
.
STAFF OBSERVATIONS
1. Zoning of adjacent parcels are R-1 Single Family Residential to the east along W. Sherman, B-1:
   Limited Business directly to the north and B-2 Convenience & Comparison Business District to the
   West across McCracken.
2. This case is the result of ongoing discussions between the property owner and city staff members
   and ultimately a court complaint filed by the city requesting injunctive relief.
3. Because it has long been a source of continued problems and misunderstandings with this property,
   it is very important to note that the applicant continues to refer to the building using various postal
   addresses, instead of the single legal address for the property, which is 1996 W. Sherman Blvd. The
   application for the two variances incorrectly used the postal address or unit number assigned to the
   portion of the building that has been converted to residential use. The address on the application was
   corrected by staff and initialed.
4. Staff requested that a floor plan and site plan be submitted regarding the two variance requests
   before the ZBA today. As part of our staff review, the Zoning Administrator was asked to determine
   the number of parking spaces that would be required of this property, based upon the floor plan that
   was submitted. The Zoning Administrator has determined that 13 parking spaces will be necessary,
   for the uses shown.
5. The submitted site plan and request indicates that there will be 12 parking spaces if the variance is
   granted. Unfortunately, staff counted 13 parking spaces on the site where the striping was still
   visible at the time we made our site visit. This would place the property in compliance with the
   number of spaces required for the uses shown. Staff is not sure why this request is being made since
   the current 13 spaces are an average of 9 feet in width and meet our 8 foot minimum width
   requirement. Possibly the property owner had planned to reconfigure the straight parking areas to an
   angled parking area? A better site plan is needed to determine what is being requested.
6. Because the proper dimensions were not included on the site plan, staff measured the parking spaces
   and the maneuvering lane width. Parking spaces must be a minimum of 8 x 18 feet in size and
   maneuvering lanes must be at least 22 feet for two way traffic or 12 feet in width if restricted to one
   way traffic circulation. During our staff visit to the location we found that there is not enough room
   to fit an 18 foot parking space and a 22 foot maneuvering isle between the existing pavement end
   and the overhang of the entranceway roof lines to the building units’ rear doors.
7. As outlined in the staff report for the previous variance request, if the property owner increased the
   lot size of the parcel at 1996 W. Sherman, there would be enough room to expand the parking lot by
   the foot or so needed to have legal size parking spaces, the correct number of spaces and correct
   width of the maneuvering lanes. If this was done by the property owner, no parking variance would
   be required.
8. Staff has included photos of the alley along the east side of the building to show the severe visibility
   problems associated with attempting to utilize a one way traffic approach to the parking area. It
   appears to be in the best interest of safety to utilize the McCracken entrance as a two way entrance
   as much as possible.
9. Staff has not received any public comments.
Application Page 1:
Explanation of Variance Request:
Page Two :
Notification Map:
Site Plan:
Marketing Brochure:
Building Photos:
                              Ordinance Excerpts (Emphasis Added):

          SECTION 2326: OFF-STREET PARKING AND LOADING [amended 2/02]

1.   Intent: It is the intent of this section that off-street parking spaces shall be provided and
     adequately maintained by each property owner in every district for the parking of motor vehicles
     for the use of occupants, employees and patrons of each building and premise constructed,
     altered, or enlarged under the provisions of this Ordinance.

2.   Scope: At the time any building or structure is erected, enlarged or increased in capacity,
     or a new land use is established, off-street parking spaces for new or additional
     development shall be provided according to the requirements of this section and Table IB.

3.   Parking and Loading Plan Review: Whenever three (3) or more vehicle parking spaces are
     required for a given use of land, plans, specifications for the construction or alteration of an off-
     street parking area shall be submitted for approval by the Zoning Administrator before a
     development permit is issued. Such plans and specifications shall indicate the location, precise
     use of buildings, size, design, surfacing, marking, lighting, drainage, curbing and curb cuts,
     entrances, exits, landscaping, and other detailed features as required by the provisions and
     standards of this zoning ordinance and other applicable laws and rules.

4.   Parking Areas Existing Before the Effective Date of This Ordinance: No parking area or parking
     space or loading area which exists at the time this Ordinance becomes effective shall be
     relinquished or reduced in any manner below the requirements established by this Ordinance.

5.   Uses of Parking Areas: Parking spaces and loading areas shall be used exclusively for the
     parking of vehicles associated with a building, structure or land use in a manner consistent with
     the purpose for which it is designed. No commercial activity or selling of any kind shall be
     conducted within required parking areas. Permitted temporary uses may operate in overflow
     parking areas or setback areas provided no clear vision or other safety hazard is present.
     Vehicles shall not be repaired, stored, or displayed for sale or hire in parking lots unless the
     principal use is classified for such uses.

6.   Design and Access Standards: Multi-family, commercial and industrial land use areas shall meet
     the screening, landscaping, and lighting standards of this ordinance.

7.   Maintenance Standards: Parking and loading areas in all districts shall be paved, marked and
     defined by curbing or curb stops.

8.   Maximum Parking: The maximum amount of parking permitted for any use or group of uses
     shall not exceed the minimum parking requirements by more than one-third (33%)

9.   Loading Space Required: In order to prevent undue interference with public use of streets,
     parking lots and alleys, uses such as manufacturing, storage, warehouse, department store,
     wholesale store, retail store, hotel, hospital, laundry, dairy, mortuary, and other uses similarly
     and customarily receiving or distributing goods by motor vehicle shall provide space on the
     premises for that number of vehicles that will be at the premises at the same time on an average
     day of full use. Loading spaces shall:
      a.     Be provided as area additional to off-street parking space and shall not be considered as
             supplying off-street parking space.

      b.     Not interfere with fire access.

      c.     Provide adequate space for standing, loading, and unloading services and be not less than
             twelve (12) feet in width, twenty-five (25) feet in length, and fourteen (14) feet in height,
             open or enclosed, for similar uses similarly involving the receipt or distribution by
             vehicles of materials or merchandise.

      d.     Have access provided as directly as possible from a public street or alley and be arranged
             so as to provide sufficient off-street maneuvering space.

10.   Joint Use of Parking Areas: The joint use of parking facilities by two or more uses may be
      allowed whenever such use is practical and satisfactory to each of the uses intended to be served,
      and when all requirements for location, design, and construction are met.

      a.     Computing Capacities: In computing capacities of any joint use, the total space
             requirement is the sum of the individual requirements that will occur at the same time
             each day. If space requirements for individual uses occur at distinctly different times, the
             total of such off-street parking facilities required for joint or collective use may be
             reduced by the Planning Commission below the same total of the individual space
             requirements.

      b.     Record of Agreement: A copy of an agreement between joint users shall be provided to
             the City. The agreement shall include provisions which assure continued long-term use
             and maintenance of the parking facility by each party, and their successors in interest,
             including owners and occupants of the premises which are served by the parking facility.

11.   Dimensional Requirements: Each parking space shall be a minimum of eight (8) feet wide by
      eighteen (18) feet long. Maneuvering isles shall be a minimum of twelve (12) feet wide for one-
      way traffic and twenty-two (22) feet for two-way traffic. Excessively wide isles shall not be
      permitted.

12. Downtown Parking Overlay District: A downtown parking overlay district is hereby created as
    outlined in Figure 23-2. Within said overlay area is permitted the following: [amended 2/03]
    [amended 6/07]

       a.    In the downtown parking overlay district only, all land uses, except residential, may use
             on-street parking for up to thirty percent (30%) of their required parking area.

      b.     In the downtown parking overlay district, shared parking agreements are encouraged.
             Parking areas for other than single or two-family residential uses may be located up to
             1,000 feet from the building they are intended to serve and may be provided in any
             zoning district except the R-1 district.
       c.      In the downtown parking overlay district only, the required number of residential parking
               spaces shall be 1.5 per dwelling unit.


13. In all areas except for the downtown parking overlay district, off-street parking for nonresidential
    uses shall be either on the same property or on a property zoned to permit parking areas. The
    parking area shall be within three hundred (300) feet of the building it is intended to serve, measured
    from the nearest point of the building to the nearest point of the off-street parking lot. [amended
    2/03]


       Figure 23-2: Downtown Parking Overlay District
                            TABLE IB: PARKING STANDARDS
                                                     NUMBER OF MINIMUM PARKING
                       USE
                                                      SPACES PER UNIT OF MEASURE
RESIDENTIAL & RELATED USES
                                                   One (1) space for each sleeping room, plus
Bed and breakfast operations
                                                   two (2) spaces for permanent residents.
                                                   One (1) space for each bedroom or each two
Boarding houses, fraternities, sororities          (2) occupants of the structure, whichever is
                                                   greater.
Community residential care facilities < 6 persons Four (4) spaces.
                                                   One (1) space for each four (4) beds, plus
Convalescent homes, convents or similar uses
                                                   one (1) space for every three (3) employees.
                                                   Two (2) spaces for each mobile home site,
Mobile home parks                                  plus one (1) space for each mobile home
                                                   park employee.
Multiple family dwellings                          Two (2) spaces for each dwelling unit.
Single and two family dwellings                    Two (2) spaces for each dwelling unit.
CIVIC, NONPROFIT, INSTITUTIONAL, PUBLIC & PRIVATE RECREATION &
RELATED USES
Educational and social institutions:
• Auditoriums and gyms (incidental to) schools,
                                                   One (1) space for each six (6) seats, plus
    churches, & institutional buildings of similar
                                                   one (1) space for every two (2) employees.
    use with fixed seats
• Auditoriums (other than incidental to schools
    and churches), lodge halls, fraternal          One (1) space for every six (6) persons of
    organizations, private clubs, public meeting   legal capacity as established by fire,
    halls, community centers, or buildings of      building or health codes.
    similar use without fixed seats
                                                   One (1) space for each four hundred (400)
• Charitable or philanthropic organizations
                                                   sq. ft. of usable floor area.
                                                   Two (2) per classroom, plus separate
• Elementary and junior high schools               parking where the school contains an
                                                   auditorium and/or stadium or gym.
                                                   One (1) space for every employee, plus one
• High schools and colleges
                                                   (1) space for each five (5) students.
                                                   One (1) space for each three (3) patient
• Hospitals, sanitariums                           beds, plus one (1) space for each three (3)
                                                   employees.
                                                   One (1) per employee and one (1) per six
• Orphanages
                                                   (6) beds.
                                                   One (1) space for every eight hundred (800)
Libraries, museums, post offices                   sq. ft. of usable floor area, plus one (1)
                                                   space for every four (4) employees.
Nursery school, home day care or child care        One (1) space for each four hundred (400)
centers                                            sq. ft. of usable floor area.
Private golf clubs, swimming pool clubs, tennis    One (1) space for every two (2) member
clubs, lodges or other similar uses                    families or individuals, plus spaces required
                                                       for each accessory use, such as a restaurant
                                                       or bar.
                                                       One (1) space for each four hundred (400)
Municipal buildings
                                                       sq. ft. of usable floor area.
                                                       One (1) space for each six (6) seats or
Religious institutions: Churches or temples            twelve (12) feet of pews in the main unit of
                                                       worship.
                                                       One (1) space per four hundred (400) sq. ft.
Utility and public service installations
                                                       of gross floor area.

COMMERCIAL & RELATED USES
Automatic Teller Machine (ATM) (free standing,
                                                       Two (2) spaces per machine.
not applicable when associated with another use)
Automobile service and repair garages, gasoline
                                                       Three (3) spaces for each repair and service
filling and service stations (see convenience retail
                                                       stall, plus one (1) space for every employee.
establishments)
                                                       Two (2) spaces for each of the first two (2)
Barber shops and beauty parlors                        beauty or barber chairs, and one-half (1/2)
                                                       space for each additional chair.

Business service establishments:
  •   Advertising and mailing
  • Banks/credit unions (excluding One (1) space for every four hundred (400)
    drive-thrus)                   sq. ft. of useable floor area.
  •   Employment services
  •   Investment companies
  •   Real estate companies
                                                       One (1) space per three-hundred (300) sq.
Business, vocational or trade schools
                                                       ft. of gross floor area.
                                                       One (1) space per every three persons
Catering service rental hall
                                                       permitted in the structure by fire code.
                                                       One (1) space for each fifty (50) sq. ft. of
Clinics and professional offices of doctors,           usable floor area in waiting rooms, and one
dentists, or similar professions                       (1) space for each examining room, dental
                                                       chair, or similar use area.
Clothing, furniture, appliance, hardware, shoe
                                                       One (1) space for every four hundred (400)
repair, personal services (other than beauty and
                                                       sq. ft. of usable floor area.
barber shops), and other retail
                                                       One (1) space for every two (2) storage
Mini-storage                                           units (adjacent to the units) plus one for
                                                       each employee
                                                       Three (3) spaces per each one thousand
Convenience retail establishments
                                                       (1,000) sq. ft. of gross floor area.
                                                         Space for five (5) cars between the sidewalk
                                                         area and the pickup window, and one (1)
Drive-through banks, cleaners, drug stores, and
                                                         space for every four hundred (400) sq. ft. of
similar businesses
                                                         usable floor area if there is no customer
                                                         space inside.
Food Service Establishments:
                                                         One (1) space per fifty (50) sq. ft. of eating
•   Drive-through restaurants or fast-food
                                                         area, plus one (1) space for each employee
    establishments
                                                         on the largest working shift.
•   Carry-out food or walk-up establishment
    including bakeries, ice cream shops and              One (1) space for each employee, plus ten
    delicatessens if carry-out only, or if all seating   (10) spaces.
    is exterior only.
•   Restaurant or establishment for sale and
    consumption of beverages, food or                    One (1) space for each two (2) persons
    refreshments on the premises including drive-        allowed within the maximum occupancy
    in, but not including drive-through,                 load as established by the fire marshal.
    restaurants
                                                         One (1) space for every twenty-five (25) sq.
Funeral homes and mortuaries                             ft. of usable floor area of chapels and
                                                         assembly rooms.
Antique shop, household equipment, showroom              One (1) space for each eight hundred (800)
of a plumber, decorator, electrician or similar          sq. ft. of usable floor area, plus one (1)
trade, and other similar uses (including resale          additional space shall be provided for each
shops but not flea markets)                              two (2) persons employed therein.
                                                         One (1) space for each four hundred (400)
Garden or nursery center, greenhouse (if it has          sq. ft. of usable floor area, plus one (1)
retail sales)                                            space for each two thousand (2,000) sq. ft.
                                                         of exterior sales area.
                                                         One (1) space for every four hundred
General offices
                                                         (400) sq. ft. of usable floor area.
General retail stores, except otherwise                  One (1) space for every three hundred
specified herein                                         (300) sq. ft. of usable floor area.
                                                         One (1) space for each four hundred (400)
Health or fitness club
                                                         sq. ft. of usable floor area.
                                                         One (1) space for each guest room, plus one
Hotels, motels                                           (1) additional space for every five (5)
                                                         employees.
                                                         One (1) space for each five (5) washing
Laundromats and coin operated dry cleaners
                                                         and/or dry-cleaning machines.
                                                         One (1) space per three (3) students at any
Music, dance, martial arts and voice schools
                                                         one time.
c.




                                                         One (1) space per three thousand (3,000) sq.
                                                         ft. of exterior sales area, except for open air
     Open air business                                   flea markets which require one (1) space for
                                                         each three hundred (300) sq. ft. of exterior
                                                         sales area.
     Office supply, factory and mill supplies, and       One (1) space for each four hundred (400)
     related activities                                  sq. ft. of gross floor area.
                                                         One (1) space per four hundred (400) sq. ft.
     Personal service establishment (other than beauty   of retail sales area, and one (1) space for
     or barber shop)                                     each four hundred (400) sq. ft. of service
                                                         area.
                                                         One (1) space for each four hundred (400)
     Planned commercial or shopping center
                                                         sq. ft. of usable floor area.
                                                         One (1) space for each four hundred (400)
     Repair services                                     sq. ft. of usable floor area, plus one (1)
                                                         space for each employee.
                                                         One (1) space for every two hundred (200)
     Supermarket, self-service food store
                                                         sq. ft. of usable floor area.
                                                         One (1) space for every seventy-five (75)
                                                         sq. ft. of usable floor area, or one (1) space
     Taverns, bars
                                                         for every three (3) seats, whichever is
                                                         greater.
                                                         One (1) space for each one (1) employee.
                                                         In addition, reserved parking spaces equal
                                                         in number to two (2) times the maximum
                                                         capacity of the vehicle wash. Maximum
                                                         capacity of the vehicle wash shall mean the
     Vehicle wash (automatic)
                                                         greatest number of vehicles possibly
                                                         undergoing some phase of washing at the
                                                         same time, which shall be determined by
                                                         dividing the length in feet of each wash line
                                                         by twenty (20).
                                                         Two (2) stacking spaces for each washing
     Vehicle wash (self-service or coin operated)
                                                         stall, in addition to, the stall itself.

     INDOOR ENTERTAINMENT
                                                         One (1) space per game, provided that
                                                         where such games are an accessory use, one
     Video or pinball arcade or similar uses
                                                         (1) space is required for each game above
                                                         four (4) games.
                                                         One (1) space for each three (3) seats or one
     Bingo parlor                                        (l ) per two hundred (200) sq. ft. of usable
                                                         floor area, whichever is greater.
d.




                                                         Five (5) spaces for each alley, plus one (1)
                                                         space for each employee, plus spaces for
     Bowling alleys
                                                         each accessory use, such as a bar or
                                                         restaurant.
                                                         One (1) space for each two (2) persons
                                                         allowed within the maximum occupancy
     Dance halls, pool and billiard rooms, exhibition    load as established by fire, building or
     halls, roller and ice skating rinks                 health codes, plus one (1) space for every
                                                         three (3) seats of spectator seating (one seat
                                                         equals two feet of bench length).
                                                         Three (3) spaces per court, plus one (1)
                                                         space per employee on the largest shift, plus
                                                         spaces for any other principal or accessory
     Indoor racquet courts
                                                         uses, plus one (1) space for every three (3)
                                                         seats of spectator seating (one seat equals
                                                         two feet of bench length).
                                                         One (1) space for each three (3) seats, plus
     Theaters and commercial auditoriums
                                                         one (1) for each two (2) employees.

     OUTDOOR ENTERTAINMENT
                                                         Five (5) spaces per employee where it is the
                                                         principal use; where it is an accessory use,
     Boat, canoe, jet ski and bicycle rental             parking may be waived partially or wholly
                                                         in the discretion of the Zoning
                                                         Administrator.
                                                         Two (2) dust free 10'x30' spaces for every
     Commercial Campgrounds
                                                         campsite.
                                                         Four (4) spaces for each hole, plus one (1)
     Golf courses open to the public, except Miniature   space for each employee, plus required
     or “Par 3” courses                                  spaces for each accessory use, such as a
                                                         restaurant or bar.
                                                         One (1) space for each tee, plus one (1)
     Golf driving range                                  space for each employee on the largest work
                                                         shift.
                                                         One and one-half (1-1/2) spaces per boat
     Commercial Marinas
                                                         mooring slip.
                                                         Three (3) spaces for each hole, plus one (1)
                                                         space for each employee, plus required
     Miniature or “Par 3” golf courses
                                                         spaces for each accessory use, such as a
                                                         restaurant or bar.
                                                         Three (3) spaces, plus three (3) spaces per
     Racquet sports                                      court or one (1) per three (3) spectator seats,
                                                         whichever is greater.
                                                         One (1) space for every four (4) seats or six
     Stadiums and sport arenas
                                                         (6) feet of benches.
e.




                                                         Two (2) spaces per three (3) seats on
     Theme park, scenic area, amusement ride, water      amusement rides or twenty (20) spaces per
     slide, go cart track and similar uses               ride or attraction with no specific or defined
                                                         seating.
     INDUSTRIAL & RELATED USES
                                                         One (1) space per each service bay and
     Auto body/paint shop
                                                         employee.
                                                         One (1) space per employee, plus one (1)
     Contract construction uses
                                                         space per company vehicle.
     Dangerous chemical manufacturing, storage           One (1) space per employee on the largest
     and/or distribution                                 shift.
                                                         One (1) per employee, plus one (1) per each
     Incinerators and recycling centers
                                                         simultaneous truck.
                                                         One space for every two (2) employees for
                                                         industries working two (2) or more shifts.
     Industrial or manufacturing establishments,
                                                         One space for every three (3) employees for
     testing laboratories, creameries, bottling works,
                                                         industries working one shift or one space
     printing and engraving shops
                                                         for every 400 square feet of gross floor area,
                                                         whichever is greater.
                                                         One (1) space for every two (2) employees
                                                         for industries working two (2) or more
                                                         shifts. One (1) space for every three (3)
     Industrial service establishments                   employees for industries working one (1)
                                                         shift, or one (1) space for every four
                                                         hundred (400) sq. ft. of gross floor area,
                                                         whichever is greater.
                                                         One (1) space per four hundred (400) sq. ft.
     Medical or dental laboratories
                                                         of gross floor area.
                                                         One (1) space per employee on the largest
     Research and development establishments
                                                         shift.
                                                         One (1) space for every eight hundred (800)
     Wholesale trade establishments and warehouses       square feet of net floor area.
     PLANNED UNIT DEVELOPMENTS
     Planned Unit Developments:                          Parking standards shall be established by
       • Commercial                                      the Planning Commission after receiving
       • Industrial Park                                 the recommendation of the Zoning
       • Institutional                                   Administrator based on the mix of proposed
       • Mixed use                                       uses compared to the standards for those, or
       • Residential                                     the most similar uses in this schedule.
DETERMINATION:
The following motion is offered for consideration:

I move that the variance request from Section 2326: Off Street Parking and Loading, to reduce the
number of required parking spaces from 13 to 12 spaces, be (approved/denied), based on the following
review standards (found in Section 2502 of the Zoning Ordinance) subject to conditions (only if
approved):

a.     That the property (could not/could) be used (put to a reasonable use) for the purposes permitted
       in that zone district.

b.     That the plight (is/is not) due to unique circumstances peculiar to the property and (not/instead)
       to general neighborhood conditions.

c.     That the proposed use (would not/would) alter the essential character of the area and (will
       not/will) materially impair the purposes of this ordinance or the public interest.

d.     That the alleged hardship (is/is not) caused by the Ordinance and (has not/has) been created by
       any person presently having an interest in the property, or by any previous owner.

e.     That the alleged hardship (is not/is) founded solely upon the opportunity to make the property
       more profitable or to reduce expense to the owner.

f.     That the requested variance (is/is not) the minimum action required to eliminate the hardship.

g.     That the use variance (does not/does) permit a use specifically identified by this Ordinance as a
       use excluded from the particular zone in which requested.

h.     The use (does/does not) seriously threatens the health of future residents or neighbors.

i.     The use (is/is not) a nuisance per se, or the use in that particular location (constitutes/does not
       constitute) a nuisance.

CONDITIONS
1. The variance is recorded with the deed to keep record of it in the future.
2. A new site plan is provided to staff and is approved, showing the required number of parking spaces
   with dimensions of the parking spaces indicated and dimensions of the fire & maneuvering lanes.
3. This variance is valid for the final approved site plan and submitted floor plan on record with this
   case.
4. That the additions to the property must be complete within one year (Sec. 2504) or the variance is
   void.

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