Bill 20-16 2724 Lincolnway West Rezone

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Staff Report 6/8/2016 2) from the required off - street parking area screening to none; 3) from the required hard surface paving to gravel 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; Hard surface paving prevents soil erosion and surface contaminant runoff issues. The use of gravel on this site may negatively impact surrounding soil conditions and create dust and debris that could create a negative impact on the general welfare of the neighborhood. (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 lack of landscaping on this site will be burdensome for adjacent property owners, and negatively affect property values. (3) The strict application of the terms of this Chapter would result in practical difficulties in the use of the property No practical difficulties exist to warrant variances on this site. Staff Comments: This petition was originally heard at the May 17, 2016 Area Plan Commission Hearing. It was identified at that time that the petitioner would need to rezone to the LB Local Busniess District to allow all of the uses they intend to eventually conduct on site, such as a print shop. The LB Local Business District allows many commercial uses which would not be appropriate for this location, as determined by the West Side Main Streets Plan. Some of those uses include: grocery store, nightclub, fast -food restaurant, tavern, banks and drive through bank machines, tobacco stores and other retail uses. The site plan, as shown, would require additional variances including, but not limited to, parking setbacks and foundation landscaping which will need to be approved by the Area Board of Zoning Appeals. Recommendation: Based on information available prior to the public hearing the staff recommends that this rezoning petition be sent to the Common Council with an unfavorable recommendation. The staff recommends denial of the variances. Analysis: This site is not suitable for commercial development. The West Side Main Streets Plan strongly discourages commercial activity outside of the designated nodes along Lincolnway West. Due to its location, small lot size, and the goals and policies of the West Side Main Streets Plan, this site should remain residential. APC # 2777 -16 Page 3 of 3