Title
Use Variance to allow an animal care facility use within an MX-M (Mixed-Use Medium) zone district consisting of 25,903 square feet located at 5929 Delmonico Drive.
Presenter:
Kerri Schott, Planner II, Development Review Enterprise.
Peter Wysocki, Planning Director, Planning & Development Department
Body
Summary:
Applicant: Catology, LLC
Property Owner: CSJ NO 7, LLC
Location: 5929 Delmonico Road
The applicant requests a Use Variance for an animal care facility on a commercial property at 5929 Delmonico Road. The Use Variance request would allow the establishment of an animal care facility consisting of a cat kennel in an MX-M/HS (Mixed Use Medium Scale with Hillside Overlay) zone district. Under the old Chapter 7, the property was zoned PBC/HS (Planned Business Commercial with Hillside Overlay) and kennels were a permitted use. Under the new UDC, the kennel use was not transferred over to the newly established MX-M/HS (Mixed Use Medium Scale with Hillside Overlay) zone district. Additionally, a kennel now falls under the "animal care facility" use which is not permitted nor conditional within the MX-M zone. Staff has determined that this use was inadvertently omitted in the recent code rewrite (Retool) and therefore this application is appropriate to rectify that oversight.
Use Variance Review Criteria - UDC Section 7.5.527.E
The City Council may approve the application or approve it with conditions if Council finds that the following criteria have been met;
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 preservation and enjoyment of a property right of the and if not approved, the prope...
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