Title
A Use Variance request to allow a light industrial land use within the MX-L UV (Mixed-Use Large Scale - with a Use Variance on file) zone district consisting of 10,916 square feet located at 2732 W. Colorado Ave.
Presenter:
Johnny Malpica, Planner II, Planning + Neighborhood Services
Kevin Walker, Director, Planning + Neighborhood Services
Body
Summary:
Owner: Donald Sipes - Blue Skies Ltd.
Developer: N/A
Representative: Ryan Lloyd - Echo Architecture
Location: 2732 W. Colorado Ave.
The owner of 2732 W. Colorado Ave. is requesting a use variance to allow Optical Engines, a laser and photonic technology company to operate within the 10,106 sq. ft. building which is zoned MX-L (Mixed-Use - Large Scale with a previously approved Use Variance on file). The proposed use meets the definition of a light industrial land use, which is not a permitted use within this zone district. The application includes building façade enhancements, and the reprogramming of the existing building interior layout that incorporates a street-facing office-use and future tenant commercial space, with the light industrial operations limited to the rear of the building. While the proposed use meets the definition of a light industrial land use as defined by the UDC, the intensity and potential impact to surrounding properties is no more significant than other established land uses that are permitted by right within the zone district.
Background:
Please see the attached City Planning Commission Staff Report for a comprehensive analysis of the proposed application.
Review Criteria:
The review criteria for a use variance as set forth in City Code Section 7.5.527.E of the UDC are noted below.
1. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of uses in the same zone so that a denial of the Use Variance would result in undue property loss and not solely a mere inconvenience or financial disadvantage;
2. That the Use Variance is necessary for the preservation and enjoyment of a property right of the and if not approved, the property or structure cannot yield any beneficial use;
3. That the Use Variance will not be detrimental to the public welfare or convenience nor injurious to the property or improvements of other owners of property;
4. That the hardship is not the result of the applicant's own actions;
5. That because of these conditions, the application of the UDC prohibition on the requested use on the subject property would effectively prohibit or unreasonably restrict the use of the property; and
6. That the Use Variance is not being requested primarily to avoid the time or expense of complying with UDC standards generally applicable to similar properties and development.
Staff finds that the proposed application meets the review criteria.
Previous Council Action:
N/A
Financial Implications:
N/A
City Council Appointed Board/Commission/Committee Recommendation:
City Planning Commission voted unanimously (8-0-1 with Hensler absent) to recommend to City Council approval of the Use Variance at the August 14, 2024 meeting.
Recommended Action
Proposed Motions:
Should the City Council wish to approve the use variance application, the following motion is suggested:
Move to approve UVAR-24-0001, with the conditions described below, based on the findings that the required Use Variance Criteria found in Section 7.5.527.E. are met:
- Approval of this Use Variance permits a low intensity, light industrial land use to operate on the property addressed as 2732 W. Colorado Ave in accord with the approved site plan and project statement. This approval does not permit any other light industrial uses. Any future change, or intensification of the use, will require submittal of a modification to the Use Variance development plan.
Should the City Council wish to deny the use variance application, the following motion is suggested.
Move to deny UVAR-24-0001 based on the findings that the required Use Variance Criteria found in Section 7.5.527.E. are not met.