33-17 Rezoning- Property at 1709 W. Lincolnway West

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Staff Report 8/14/2017 values should not be adversely affected 5. Responsible Development And Growth: It is responsible development and growth to allow for the reuse of commercial structures Combined Public Hearing This is a combined public hearing procedure,which includes a rezoning and 4 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 required foundation landscaping to none 2) from the required minimum of 7 parking spaces to 5 parking spaces 3)from the required 4'maximum fence height to 6' State statutes and the Zoning Ordinance require that certain standards must be met before a variance can be approved. The standards and their justifications are as follows: (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 adversely affected by the requested variances because they are consistent with the existing site and surrounding area. (3)The strict application of the terms of this Chapter would result in practical difficulties in the use of the property Strict application of the ordinance would require additional land to be acquired to accommodate the parking, setbacks, and associated screening. It is the staffs opinion that the proposed placement of the building and parking area are optimized for this site. The installation of all required landscaping would require major adjustments to the site. Staff Comments: The staff has no additional comments. Recommendation: Based on the information available prior to the public hearing,the staff recommends that the rezoning petition be sent to the Common Council with a favorable recommendation subject to written commitments. The staff recommends approval of all variances, subject to removing the barbed wire from the site. Analysis: Rezoning this site to CB Community Business District will allow for the reuse of an existing commercial structure in a manner consistent with the Comprehensive Plan. APC # 2831-17 Page 3 of 3