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File #: 18-1053B    Version: 1
Type: Report Status: Passed
File created: 12/6/2018 In control: City Council
On agenda: 1/15/2019 Final action: 1/15/2019
Title: Deny the request for a major change to a conditional use to grant a variance from Section 6-2-14 in order to construct a canopy for the subject property located at 311 E. Ogden (Bill's Car Wash) - PZC 18-1-102
Attachments: 1. Application, 2. Legal Description, 3. Disclosure of Beneficiaries, 4. Standards, 5. Location Map, 6. Plat of Survey, 7. Proposed Canopy, 8. 12052018 PZC Minutes
CITY COUNCIL AGENDA ITEM

ACTION REQUESTED:
title
Deny the request for a major change to a conditional use to grant a variance from Section 6-2-14 in order to construct a canopy for the subject property located at 311 E. Ogden (Bill's Car Wash) - PZC 18-1-102
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DEPARTMENT: Transportation, Engineering and Development

SUBMITTED BY: Gabrielle Mattingly

BOARD/COMMISSION REVIEW:
The Planning and Zoning Commission considered PZC 18-1-102 on December 5, 2018. The Commission's motion to approve the request failed (vote 3 in favor; 4 opposed). Staff concurs with the PZC's recommendation of denial.

BACKGROUND:
A conditional use for the subject property was granted in 1999 (Ordinance #99-139) to establish use of the property as a car wash (note: a variance to locate the cashier booths in the front yard was granted through this Ordinance; no variance was listed for the installation of the existing canopy). Located north of Ogden Avenue, east of Brainard Street, the subject property has a common address of 311 E. Ogden. The lot is currently improved with a car wash and is zoned B3 (General Commercial District).

The petitioner, Christian Kalischefski -WT Group, is requesting a variance to the major arterial setback requirements in order to construct a new canopy. Per Section 6-3-8:5.1.5 (changes to approved conditional uses), the variance request requires approval of a major change to the existing conditional use.

DISCUSSION:
Planning and Zoning Commission
The public hearing before the Planning and Zoning Commission (PZC) was held on December 5, 2018. No members of the public spoke on the request. The majority of the Commissioners did not support the request and found that the encroachment into the major arterial setback along Ogden Avenue was too great. Three Commissioners found the glare caused by sunlight was a hardship to the owner and supported the idea of a new awning being constructed on site finding it to be an improvement to the property. A motion was mad...

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