65-25 Special Exception and Use Variance at 628 Western Avenue

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Staff Report— BZA#0368-25 October 6, 2025 downtown fringe and the Western Avenue streetscape. The setback and accessory structure variances will promote the creation of a public park that will provide a new amenity for the neighborhood, helping to improve the public health and general welfare. (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 the area adjacent to the property will not be affected in a substantially adverse manner by the longer building widths. Specifically for the shop building at the corner of Western and Taylor, the width variance will allow for more units to be served by an elevator and for an angled facade at an intersection that provides architectural interest. Allowing for the larger setback and accessory structure in a front yard will promote the creation of a publicly accessible park that will provide a new amenity for the neighborhood and potentially increase property values. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property A strict application of the ordinance would not allow for the width of the shop building at the corner of Western and Taylor, although the facade is angled in such a way that it meets the intent of the ordinance to prevent long, unbroken stretches of wall along the street. This effect will also be achieved by the mixed-use nature of the building, which is proposed to have residential, retail, and childcare uses along the longer side. For the stacked flats buildings, strict application would make it difficult to deliver on this project's goal of creating a mixed-income community while retaining as many public housing units on site as possible. For the building setback and accessory structure variances, those are a result of the siting of a park on the property in an easily accessible location for both residents and other community members. This necessitates its location along the new public street proposed through the development, instead of having it tucked behind buildings if they were to be within the required setback, which would make it more hidden from view. Since the park is technically in the front yard for the setback buildings as well, the strict application of the code would prevent any accessory structure from being placed within it, which would severely limit its potential to become an engaging, lively space. (4)The variance granted is the minimum necessary The variance granted is the minimum necessary. The building setback variance is just enough to accommodate the size of the park, which is all technically located in the front yard, meaning that the accessory structure variance is required to allow for the construction of any accessory structure in the park. Specifically for the shop building at the corner of Western and Taylor, the width variance will allow for a centralized entrance for the residential portion of the building at the corner and one elevator for the whole building. The stacked flats width variance is the minimum needed to still create buildings that help accommodate the needed for retaining public housing units on site within a mixed-income development and add appropriate density to the site. (5)The variance does not correct a hardship cause by a former or current owner of the property For the building setback and accessory structure variances, the hardship is that the zoning ordinance was not written for unique situations like this, where park space is being closely integrated with new residential development. The width variance for the shop building sot Till I3I:N1)BOARD OF ZONING APPEALS 1'.iek: 4 of