MINUTES*
Members Present: Nick Iannone, Jim Rockis, Bernie Bossio, and Mark Furfari.
Members Absent: None.
Staff Present: Christopher Fletcher, Planning Director.
Motion by Bossio, second by Rockis, to elect Iannone as Chair. Motion carried 3-0. (Iannone abstained.)
Motion by Rockis, second by Furfari, to elect Bossio as Vice-Chair. Motion carried 3-0. (Bossio abstained.)
Motion to approve the minutes of
Motion to approve the minutes of
Motion to approve the minutes of
OLD BUSINESS: NONE.
NEW BUSINESS:
1. V05-16 / Willey-High Assoc. / Willey & High Streets: Request by David Morgan, AIA, representing Willey-High Associates, LP, for variance approval from the Table 6 “Development Standards for Business Uses in Districts B-1, B-2, B-3, B-4, and I-1” for property located at the northeast corner of the Willey and High Street intersection. Tax Map #26, Parcel #120; a B-4, General Business District.
Fletcher read the staff report stating that the petitioner requests a 15’ variance from the rear yard setback requirements set forth in Table 6 of the zoning ordinance to construct a two-story commercial building. Table 6 establishes a 0’ minimum front yard setback and a 15’ minimum rear yard setback for the B-4 General Business District. The petitioner seeks to shift the building envelope on the subject property from the front of the property to the rear for the purpose of creating a wider sidewalk along the front of the property. A shift would not increase the proposed building envelope.
Fletcher explained that the Board of Zoning Appeals must determine whether the proposed request meets the standard criteria for a variance by reaching a positive determination for each of the “Findings of Fact” submitted by the applicant. Staff believes the petitioner’s request is reasonable and attempts to improve safety for pedestrian traffic. As such, Staff recommends that the Board reach a positive determination for each of the “Findings of Fact” as prepared and submitted by the applicant.
David Morgan, applicant, said
that one reason for the request is to improve the front sidewalk. The existing sidewalk, 4’6” to 5”, is very
narrow along a busy street and they will also improve the sidewalk along the
side. The second floor is pulled back to
provide a balcony space and more of an open space. A municipal parking lot exists to the rear of
the project site and the applicant does not foresee that being developed. The
Iannone asked what the distance would be from the front of the building to the curb.
Mr. Morgan replied that it would be 19’6” and they will also put some tables in the front area.
Rockis questioned if it met the requirements for the sight vision triangle.
Mr. Morgan responded that it would. Because of the steep topography, there are at-grade entrances for the front and rear.
Rockis asked why there is no living quarters being developed above the first floor, which is being encouraged in the downtown area.
Fletcher reminded the Board that the request is merely a building envelope shift variance and that potential uses, occupancy and building design would be reviewed and approved by the Planning Commission.
Mr. Morgan answered that there is
potential for three or four small units, but not a lot of daylight along the
Bossio asked how many tenants there will be.
Mr. Morgan replied there would be two on each floor.
Bossio asked if the rear side entrance goes to the upstairs and if the outside will be brick.
Mr. Morgan explained that it would go to both floors and the proposed outside materials along with architectural features.
Iannone was concerned about the moveable tables.
Mr. Morgan answered there will be concrete urns, with greenery, 7’ back and bolted to the ground.
Iannone asked for public comments. There being none, the public portion was closed.
Bossio asked if the applicant
would be required to obtain a rear setback variance under the new [be able to construct up to
the rear property line not be required to obtain the variance that he is
currently seeking.
Fletcher clarified that it applicant had been already been before the Technical Review Committee and the Design Review Committee.
Iannone requested the Findings of Fact be read one by one.
Fletcher read the Findings of Fact; each passed unanimously as read.
Motion to approve the request by Rockis, second by Bossio. Motion carried unanimously.
OTHER BUSINESS:
Public Comments: NONE.
Staff Comments: C. Fletcher presented the binders containing the new zoning ordinance and announced that the text is on the web site. The binders also contain the subdivision ordinance. The Planning Department will be working to modernize the subdivision regulations over the next several months. City Council is expected to replace the BZA vacancy on February 7th. The Planning Department would like to schedule joint training session with the Planning Commission and Board of Zoning Appeals.
ADJOURNMENT
* Recorded only on audiotape.