03-20-1972 - Laserfiche WebLink

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APPEAL #295 The Mayor opened the public hearing VA 72-15 on AppealS. 295 filed by Charles B. CHARLES B. LINGER Linger appealing the Planning Commission's denial of Variance Application 72-15 to allow expansion of a non-conforming commercial use with less than required parking in the C 1 HD II District at 326, 328, 330 West 17thStreet. The Director of Planning stated that this is an existing non-conforming use; that the condemnation for the improvement of 17th Street has caused remodeling of the building; that the applicant has filed a variance application to add a second story; that the Code requires 12-15 parking spaces and there is space available for only three) that subsequent to the Planning Commission hearing, the applicant submitted to Staff a revised plan which eliminates the second floor addition and proposes to construct a storage space approximately 9' x 20t on the ground floor; and that this new construction would not require any parking but that the property would still fall 'Par short of meeting its parking requirements. Mr. Charles Linger, 12144 Skyline Drive, stated that there will be nxany stores along 17th Street which will be faced with the problem of a shortage of parking spaces due to condemnation proceedings and remodeling, which will make them non-conforming uses; that whatever is approved for him will set the criteria for the street; and that he requests Council approval of the revised plan, Mr. Bruce Fink, Attorney representing Mrs. Wade and other property owners on the street, spoke in opposition to the appeal. He stated that the subject lot was very small; that the property is under condemnation and that 100% building severance damages will be paid by the City. He further stated that Section 41-632 of the Municipal Code limits Council to a 20% variance from tlhe required parking; and that Sections 41-638 and 41-681 provide that a non conforming building may not be altered. Mrs° Charles Linger stated that they have owned the property for many years and want to keep it; that there would still be as much parking space as there was before remodeling. There were no further proponents or opponents. The Clerk reported no written communications had been received, and the Mayor closed the public hearing. The Mayor stated that in the best interests Of the City, perhaps the entire property should be purchased and the illegal, non-conforming use should not be permitted° Councilman I-]errin stated that Council had set a policy whereby the administrative staff would have full control in the condemnation procedure, and in cases where lots were not of sufficient size that they could be developed in any practical manner, the alternative would be to buy the lot and dispose of it in the best way possible. The City Attorney confirmed that the Council could not modify the parking require- ment by Pnore than 20%of the required number and stated that the Council could not' grant the variance. Councilman Yamamoto stated he did not believe the property owners should be penalized in such proceedings, and that there should be a uniform procedure for handling these cases. CITY COUNCIL -122- March 20, 1972