pf_03329 - Laserfiche WebLink

Home

without a permit and not in accordance with the City Code. One of the office occupants also called asking for details of how to obtain a permit to pave the front yard for parking. The staff also received phone calls asking how the office had been approved on that site. Staff informed the owners that the use was not permitted within the current zoning classifications. At that time the owners chose to apply for a comprehensive plan and zoning amendment that would allow their real estate office use. The owners invited neighbors in on June 20th to explain their situation. In August, after the hearing was continued, the staff suggested another alternative - the Interim Use Permit. 3.0 PROJECT REVIEW 3.1 Ms. Agness has completed interior repainting and refinishing but no major renovation, only changing the music practice and recital room uses to real estate and mortgage offices and meeting spaces. No interior plans are necessary for this application. 3.2 As currently configured, no exterior construction or expansion outside of the existing building walls is proposed. No changes are proposed to the parking lot. The light on the real estate sign has been disconnected since the August meeting, based on neighbor concerns. The lawn has been cut and fertilized and the shrubs were trimmed; new landscaping was added to the front of the building. 4.0 STAFF COMMENTS/FINDINGS 4.1 The Agness current use and proposal is inconsistent and an illegal use in an R-1 zone and changes are required if the real estate and mortgage office are to remain on the site. 4.2 After review with the City Attorney, staff has determined that two options exist which would allow the real estate and mortgage office to remain in the building. One is rezoning the property to a zoning designation and changing the Comprehensive Land Use Plan, which is necessary to appropriately deal with the office uses. A second option is a renewable Interim Use Permit that allows the office (but nothing else) to remain for up to five years, then to request a renewal of the interim use of an additional five years. 4.3 If the zoning change is sought, the zoning designation that best suits the current use ofthe property and its proposed use as an office facility is the B-1 zone, Limited Business. The Comprehensive Plan designation best suited for the proposal on this site is "B" Business, if the City were to approve changes. 4.4 If an Interim Use is sought, the zoning and comprehensive plan remain the same and a permit is issued only for the real estate office and mortgage company, with site conditions and for a duration of five years. The applicant can seek to renew the permit for additional five year periods. 4.5 Ifthe change in zoning from R-1 to B-1 occurs, staff has reviewed setbacks and other related zoning issues and concluded that the building appears to meets setbacks for a B-1 zone (no as- built survey is available). However, the 10 foot screened buffer and landscaping are insufficient adjacent to south side and rear (east) residences. Because this is a pre-existing use and no additional construction is proposed, this buffer could be partially attained through fencing and landscaping. The pavement setback along the south side was given a 6 foot variance to allow the driveway to set within 4 feet of the south property line. PF3329 RPCA (091201) Page 2