HomeMy WebLinkAboutBZA Decision Letter - Appeal 2970-A - 742-744 S. Meadow St. - 02-06-15Area Variance Findin ;-s & Decision
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Applicant: Benderson Development for Buffalo Greenbrier Associates., LLC
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Zoning District: SW-2
Hearing Held On: February 3,, 2015
Property Location: 742-744 South Meadow Street
Requirement for Which Variance is Requested: Street width, front yard — Requirements that 35% of
the buildings on the parcel be set back 15-34 feet from street curb.
Applicable Section of City Zoning Code: Section 325-8, Column 7, Lot Width., Column 11, Front Yard
Public Hearing: No one spoke in favor or against the proposed variance request.
Motion: A motion to grant the variance request was made by Marshall McCormick.
Environmental Review: Type: Unlisted Action. Project is consistent with findings of Generic
Environmental Impact Statement for Southwest Area Land Use Plan (2000).
Planning & Development Board Recommendation: No long-term planning issues. Pre-existing building
cannot provide compliance with Southwest Area Design Guidelines. It is desirable to increase occupied
commercial space in the City.
1. Whether an undesirable change would be produced in the character of the neighborhood or a
fetriment to nearby properties: YesF_J • F�
Reasons: The building is already in a commercial district and was constructed before the Southwest
zone was created. The old existing building is being remodeled and will be an improvement to the
neighborhood.
2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to thcoz;
variance: Yes
■ No E
Reasons: Cannot be done without a variance. The existing building does not meet the Southwest Area
Design Guidelines for building setback. The proposed vestibule for T.J. Maxx represents an improvemen)
to the existing building and the canopy will cause this portion of the building to be more in compliance
with setback regulations.
3. Whether the requested variance is substantial: YesFj No rI
Reasons: This is not a substantial variance because the form . er K-mart building was not constructed
under the Southwest Area Design Guidelines. The modification actually allows the building to be more
in compliance with the newer guidelines.
Second Motion to Grant Variance: Made by Moriah Tebor
Vote: Teresa Deschane: Yes
Steve Beer: Yes
Marshall McCormick: Yes
Moriah Tebor: Yes
Determination of BZA Based on Above Factors:
The BZA, taking into consideration the five factors, finds the Benefit to the Applicant outweighs the
Determinant to the Neighborhood or Community. The BZA further finds that variances from Zoning
Ordinance, Section 325-8., Column 7 and Column 11., are the minimum variances that should be granted
in order to p reserve and protect the character of the neighborhood and the health, safety, and welfare
of the community.
�Itw W February 6, 2015
SecretAry, Board f Zoning Appeals, Date
Director of Zo g Administration