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06-27-16 Common Council Agenda and Packet
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06-27-16 Common Council Agenda and Packet
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Staff Report 6/8/2016 <br />2) from the required off - street parking area screening to none; <br />3) from the required hard surface paving to gravel <br />State statutes and the Zoning Ordinance require that certain standards must be met <br />before a variance can be approved. The standards and their justifications are as follows: <br />(1) The approval will not be injurious to the public health, safety, morals and general <br />welfare of the community; <br />Hard surface paving prevents soil erosion and surface contaminant runoff issues. The use <br />of gravel on this site may negatively impact surrounding soil conditions and create dust <br />and debris that could create a negative impact on the general welfare of the neighborhood. <br />(2) The use and value of the area adjacent to the property included in the variance <br />will not be affected in a substantially adverse manner; <br />The lack of landscaping on this site will be burdensome for adjacent property owners, and <br />negatively affect property values. <br />(3) The strict application of the terms of this Chapter would result in practical <br />difficulties in the use of the property <br />No practical difficulties exist to warrant variances on this site. <br />Staff Comments: <br />This petition was originally heard at the May 17, 2016 Area Plan Commission Hearing. It <br />was identified at that time that the petitioner would need to rezone to the LB Local <br />Busniess District to allow all of the uses they intend to eventually conduct on site, such as <br />a print shop. <br />The LB Local Business District allows many commercial uses which would not be <br />appropriate for this location, as determined by the West Side Main Streets Plan. Some of <br />those uses include: grocery store, nightclub, fast -food restaurant, tavern, banks and drive <br />through bank machines, tobacco stores and other retail uses. <br />The site plan, as shown, would require additional variances including, but not limited to, <br />parking setbacks and foundation landscaping which will need to be approved by the Area <br />Board of Zoning Appeals. <br />Recommendation: <br />Based on information available prior to the public hearing the staff recommends that this <br />rezoning petition be sent to the Common Council with an unfavorable recommendation. <br />The staff recommends denial of the variances. <br />Analysis: <br />This site is not suitable for commercial development. The West Side Main Streets Plan <br />strongly discourages commercial activity outside of the designated nodes along <br />Lincolnway West. Due to its location, small lot size, and the goals and policies of the <br />West Side Main Streets Plan, this site should remain residential. <br />APC # 2777 -16 Page 3 of 3 <br />
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