55-17 Rezoning for Property at 212 South Street

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Staff Report 10/6/2017 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 variances would 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; Because of the availability of on street parking and existing vegetation on the site,the adjacent properties should not be adversely affected by the requested variances. (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 result in practical difficulties in the use of the property. The site is located mid-block with a zero-lot line to one side and an alley,which leaves insufficient space to accommodate the parking requirements or the landscaping required at this site.Large portions of the structure would need to be demolished in order to meet strict application of the ordinance. Staff Comments: The uses requested in this petition are more consistent with the OB Office Buffer District. The staff would recommend that the petitioner consider amending their request to the OB Office Buffer District. The OB Office Buffer District would limit the allowable uses to a range of uses that are suitable to the size and location of the property, and the neighboring area in which it is located. Recommendation: Based on information available prior to the public hearing,the staff recommends the rezoning petition be sent to the Common Council with an unfavorable recommendation. The staff recommends approval of the variances, subject to adding one additional shade tree on South Street. Analysis: Rezoning the property to MU Mixed Use District would allow several retail uses that may not be compatible with the residential character of the neighborhood. The OB Office Buffer District would allow the use requested, with additional oversight by Council on any retail uses listed under the Special Exception Uses section of the district. I APC 4 2839-17 Page 3 of 3