CCP 11-10-2003 - Laserfiche WebLink

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, . . . . , . () \, " , ) 2. Would granting the variance be in keeping with the spirit and intent of the City's Zoning Ordinance? No. The variance requested from the Special Requirements for a restaurant in the Neighborhood Business District would have a restaurant almost 2,000 square feet larger than what is allowed in the Neighborhood Business District. One of the stated purposes of the Neighborhood Business District is "to place limitations on the type, size aud intensity of uses within this district, given its proximity, to residential uses." Another one of the state purposes goes on to say that uses in this district should "provide a limited range of over-the-counter, convenience, retail, and service uses to acconunodate the needs ofthe adjacent residents." The size of the applicant's business would cater to a more regional clientele as opposed to the neighborhood focus that is called for in the Neighborhood Business District. Also, the Non-Conforming Use section of the Zoning Ordinance specifically prohibits the enlargement of non-conforming structures. 3. Could the property in question be put to a reasonable use without the granting of the variance? Yes. The property could continue to be as a restaurant in its current state without the granting of a variance. The variance would help the applicant by having a larger kitchen area, which could be upgraded to serve the increased demands that the applicant cited in his written statement. However, the applicant has stated that the kitchen will need to be expanded and updated, which could improve safety in the kitchen and potentially help the applicant meet health and safety codes. Therefore, while a reasonable use currently exists, the addition could potentially improve health and working conditions in the kitchen area of the applicant's restaurant. 4. Was the hardship created by the owner? No. Assuming the hardsbip the applicant is referring to is the size limitation on restaurants in the Neighborhood Business District (when compared to other restaurants that are located in different Zoning Districts), then the hardship was not created by the owner as the re-zoning was initiated by the City. However, the City must rezone properties to make them consistent with the Comprehensive Plan (Future Land Use) and in the process uses are often zoned to a different district where the use must either conform to the new district requirements or the use becomes non-conforming. It is not clear what the hardship PC #03-12 - PC Report 10/01/2003 - Page 6 of8