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fY <br /> Although the bookstore presently exists on a portion of the property, it is <br /> a nonconforming use. If this nonconforming use is granted commercial <br /> zoning, then the Commission and Common Council should be aware, that there <br /> are numerous other nonconforming uses in the area that could request equal <br /> treatment . <br /> • One of the objectives of the City's Zoning Ordinance and the neighborhood <br /> rezoning program has been to encourage and protect the single family areas <br /> of the City. The rezoning of this parcel "flies in the face" of that <br /> objective and would transfer the responsibility of protecting the <br /> neighborhood from the City to the low and moderate income families living <br /> near this site and to the Northeast Neighborhood Organization. This would <br /> be unfair to the people of the area. <br /> The private library for which a building permit was erroneously issued for <br /> the Notre Dame-Howard site had approximately half the square footage of the <br /> building now being proposed., Also, since the library was originally <br /> proposed to be built under the existing "A" Residential zoning, it would <br /> not have made the land use decision for commercial zoning in the area and <br /> would have had less of a detrimental effect on the neighborhood than the <br /> present proposal . <br /> The Common Council should be aware that they are not simply making a <br /> decision of whether or not a bookstore is a good use for the area, but <br /> rather they are making a land use decision that commercial zoning is <br /> appropriate for this site and therefore for other similar sites in the <br /> area. The decision to zone this site commercial is one that the residents <br /> will have to live with for many years. The end cost to the City in terms <br /> of lower property values and reversal of the trend to renovate this area <br /> could be much greater than allowing the construction of a private library. <br /> In addition to being detrimental to the area, the proposed use is also too <br /> intensive for the site. Even if this petition is granted, an Exception <br /> will have to be granted by the Board of Zoning Appeals to allow parking on <br /> a non-contiguous residentially zoned lot . Variances will also be needed in <br /> order to increase the width restriction for a street separating the <br /> commercial use from the parking area from the allowable 30 feet (the Howard <br /> Street right-of-way is 82.5 feet) , and to reduce the number of spaces <br /> required by 63 percent from 32 down to 12. <br />