Title
A Use Variance with a Land Use Statement to allow an existing Animal Care Facility to expand up to 10,000 square feet into adjacent vacant tenant spaces, no changes to the site are proposed. The over-all site consists of 2.6 acres, is in the MX-M (Mixed-Use Medium Scale) zone district, and located at 856 Arcturus Dr. (Quasi-Judicial)
Presenter:
Allison Stocker, Planner II, Planning Department
Kevin Walker, Planning Director, Planning Department
Body
Summary:
Owner: KERIWEST USA LLC
Developer: N/A
Representative: Michelle King, Business Owner and Applicant
Location: 856 Arcturus Dr.
This application proposes to expand an existing Animal Care Facility into adjacent units within the same commercial center unit where they have been located for approximately fifteen (15) years. The conversion from the Old Chapter 7 Land Development Code to the Unified Development Code has made this use go from a conditional use to a prohibited use.
Background:
Please see the attached City Planning Commission Staff Report for a complete analysis of the proposed application.
Review Criteria:
Below are the Use-Variance review criteria per Section 7.5.527:
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:
The City Planning Commission unanimously recommended approval of this application to Council on the October 9th, 2024 Planning Commission consent agenda.
Alternatives:
The Applicant could relocate to a zone district where the Animal Care Facility Use is permitted by right or conditional. The Applicant could pursue a zone change application as well.
Recommended Action
Proposed Motion:
1. Motion to Approve
Approve the Use Variance to expand the existing Animal Care Facility based upon the findings that the request complies with the criteria as set forth in City Code Section 7.5.527.
2. Motion to Deny
Deny the Use Variance to expand the existing Animal Care Facility based upon the findings that the request does not comply with the criteria as set forth in City Code Section 7.5.527.
Summary of Ordinance Language
N/A