22-17 Rezoning- Property at Ireland and Layayette

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i Staff Report 5/4/2017 5. Responsible Development And Growth: It is responsible development and growth to allow for the vacant lots to be rezoned for Community Business in an area primarily comprised of similar commercial developments. Combined Public Hearing This is a combined public hearing procedure, which includes a rezoning and 2 variances from the development standards. The Commission will forward the rezoning to the Council with or without a recommendation and either approve or deny the variances. The petitioner is seeking the following variance(s): 1)From the minimum of five waiting spaces prior to the first occurance of any ordering, pick-up or service facility 2)From the minimum 41 required off-street parking spaces to 34 (1)The approval will not be injurious to the public health,safety, morals and general welfare of the community; The proposed development variances should have no impact on the public health, safety, and general welfare of the community (2)The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; The use and value of adjacent properties should not be adversly affected by the requested variances. The development of this site adequately accomodates parking and stacking commonly associated with developments of this type. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property The strict application of the terms of this Chapter would require parking spaces based on a calculation for square footage of the building which requires more than is practically necessary. It is the staffs opinion that the proposed placement of the drive up lanes, parking area, and building, areas are optimized for this site. Staff Comments: The staff has no additional comments. Recommendation: Based on information available prior to the public hearing the staff recommends the rezoning petition be sent to the Common Council with a favorable recommendation. The staff recommends approval of the variances. Analysis: Rezoning this site from to CB Community Business will allow for the expansion of an existing commercial district established in a commercial node located adjacent to the intersection of Michigan(SR 31) and Ireland Road. APC# 2821-17 Page 3 of 3