4.1. BASR 02-27-2001 - Laserfiche WebLink

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Memo to Board of AdjustmentsN01-01 February 27,2001 Page 2 • on the property are three accessory structures which provide additional storage and parking for the residential dwelling. The applicant desires to remove the three accessory structures and build a new, larger detached structure. The purpose of the Cl district is to encourage redevelopment of single family and other residential dwellings to uses that are more commercial in nature. This interpretation can be made by reviewing the permitted and conditional uses within the Cl district. The district only allows ass a conditional use, residential dwellings if they are multiple family and there are office or retail uses on the first floor. Therefore, by adoption of the ordinance, all residential dwellings within this district were made nonconforming uses. Referring to Section 900.34 regarding nonconforming uses, the ordinance clearly states that alterations are permitted for maintenance and to improve the livability of residential nonconforming structures. However, the ordinance does not allow expansion of nonconforming residential structures. The ordinance is silent on the issue of nonconforming accessory structures in this district, or any district, for that matter. Staff is charged with the duty of interpreting the zoning code in a manner similar to that of an average person reading the code. The Cl district clearly does not allow residential dwellings accept under special circumstances. The code is silent on residential accessory structures, therefore, staff has interpreted that • constructing a new residential accessory structure would not be allowed as a use in the Cl district and that it would be in violation of the nonconforming portion of the ordinance. The applicant, however, has indicated that his proposed garage would qualify as a parking facility. A parking facility is a permitted accessory use in the Cl district; however, an average person, when reviewing the ordinance would interpret a parking facility to mean a paved parking facility in conjunction with a commercial use. Recommendation This interpretation question leads to a policy decision for the City. If it is the intent to encourage redevelopment of residential uses into commercial uses in the area identified as Cl on the zoning map, then the Board of Adjustments should uphold staffs interpretation and deny the request for construction of new garage on the property. If however, this policy and stated purpose is no longer valid, then the Board of Adjustments should overturn staffs interpretation and allow the applicant to construct the new garage. • S:\PLANNING\MICHMC\PLREPRTS\V01-01.DOC