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HomeMy WebLinkAboutMinutes_ZBA_02.21.2017Commissioners present: Josh Schroeder, Chair; Aaron Albright, Alex Fuller, Kaylah McCord, and. Kevin Pitts. Commissioner(s) Absent: none Staff Present: Sofia Nelson, Planning Director; and Karen Frost, Recording Secretary. A. Public Wishing to Address the Board o As of the deadline for this agenda, no persons were signed up to speak on items other than what was posted on the agenda. Legislative Regular Agenda B. Call to Order PIedge of Allegiance Comments from the Chair - Welcome and Meeting Procedures Action from Executive Session Chair Schroeder called the meeting to order at 5:01 p.m. and Pitts led the Pledge of Allegiance. Chair Schroeder stated the order of the meeting and that those who speak must turn in a speaker form to the recording secretary before the item that they wish to address begins. Each speaker is permitted to address the Commission once for each item, for a maximum of three (3) minutes, unless otherwise agreed to before the meeting begins. C. Consideration and possible action to approve the Minutes of the December 20, 2016 Zoning Board of Adjustment Meeting Motion by Pitts, second by Fuller to approve the minutes. Approved 5 - 0. D. Public Hearing and possible action on a request for a Special Exception per Unified Development Code (UDC) Section 14.05.050 Abandonment of a Nonconforming Site, to waive required site improvements at 3700 Williams Drive, also being Lot 2, Block A, Georgetown Retirement Residence Subdivision. (SE -2016-001) Valerie Kreger, AICD, Principal Planner Sofia Nelson presented the case for Ms. Kreger. The applicant is requesting a Special Exception for Abandonment of a Nonconforming Site, to waive required site improvements in order to re -lease the property to a retail establishment. This application is accompanied by an application to rezone the property to the Local Commercial District (C-1), which will be reviewed by the Planning and Zoning Commission. The applicant is requesting to allow re -=occupancy of the existing site in its current configuration without adding or replacing any site improvements. He has specifically asked for exceptions to the parking lot paving requirements, landscaping requirements and sidewalk requirements. His intent is to eventually sell the property to someone who will ZBA Minutes February 21, 2017 Page 5 of 97 Page 1 of 2 completely redevelop the property and feels any improvements he makes at this time will be torn our when the property is redeveloped. Staff recommends denial of the Special Exception. Commissioners asked clarifying questions, including possible "grandfathering" rights. Nelson stated the use was abandoned and therefore is not grandfathered. Mike Mersiosky, the owner/applicant, gave some history on the property. When the retail store moved off the property Dave's Fence stayed in the existing house and conducted their contracting business from there, with their materials stored in the back yard. That stopped being a Friable option. Mr. Mersiosky would like to lease the property "as -is" to the Caring Place but the City says he must develop the site up to code standards. It was clarified that the Special Exception, if granted would be granted with the property, not the property owner. Chair Schroeder opened the Public Hearing and with no speakers coming forth, closed it. Motion by Pitts to approve the Special Exception with the condition that it be granted only as long as the Caring Place is the tenant and that it would expire when the Caring Place is no longer the tenant. Second by McCord. Albright moved to amend the motion and allow future improvements and expansion, as long as the property was still leased by the Caring Place. Second by Fuller. Approved 5 - 0. Original motion as amended, approved 5 - 0. Adjournment Motion to Adjourn by Pitts, second by Fuller at 5:35 p.m. Josh oe er, Chair ZBA Minutes February 21, 2017 Attest, Secretary Page 6 of 97 Page 2of2