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05-13-2004 Planning Comm. Agenda
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05-13-2004 Planning Comm. Agenda
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ax-wife ~roas the person who had originally agreed to the permit, and (2) economics keep <br />him from being able to comply with any of the conditions cited by the City's Code <br />Enforcement staff. <br />The relocation of the sales area could be accomplished under the zoning regulations, <br />under several conditions. The applicant would need to replace the lost parking by <br />paving and curbing a new parking lot. This lot would need to be located in within the <br />area now dedicated to outdoor storage. If this were done, an amendment could be <br />considered. However, the applicant has indicated that he can not comply with terms <br />that would cost him money for paving, and this solution would require the removal of <br />several vehicles he wishes to have on the site awaiting repair. Without these <br />conditicns, planning staff care not recommend approval of the CUP amendment. <br />Variance <br />As noted above, the variance request would reduce the parking supply from 30 to 14. <br />For a variance, an applicant must show that a physical hardship is present that <br />interferes with putting the property to a reasonable use. Such conditions may not be <br />economic in nature, nor may they be created by the applicant. In this case, the <br />applicant's difficulty is in conducting too much business activity on the site. There does <br />not appear to be room to have the existing building, a car sales lot, 30 parking spaces <br />required by code, outdoor storage, and room for 150 vehicles awaiting repair. By <br />reducing the volume or activity, parking could be provided according to the zoning <br />ordinance, and no variance would be necessary. As such, planning staff does not <br />believe that the test for a variance has been met. <br />Sasrnrnary and Recornmendati®n <br />The original CUP was issued to accommodate both automobile sales and outdoor <br />storage -two uses that the zoning ordinance allows but traditionally are not encouraged <br />by the City. The conditions that ~,vere attached to the permit request were placed there <br />to attempt to ensure that when occupied, the site would not become a code <br />enforcement problem or an eyesore to neighboring properties. Those conditions have <br />net been complied with to date. Instead, the applicant indicates that he wishes to have <br />tl pose requirements relaxed andlor removed from the permit. <br />Planning staff does not believe that relaxation or removal of the conditions would be in <br />keeping with the intent of the City's zoning regulations, nor would it be consistent with <br />the other permits approved in the City. Provision of required parking areas, paving of <br />parking lots and sales areas, and the retentior; of green space are basic code <br />requirements for business activity in the Cifv of i_ittie Canada. Removing any of these <br />conditions would require variances; for whicn :here are no demonstrated non-economic <br />hardships shown. <br /> <br />
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