Title
A Use Variance to allow the Humble Paws Animal Care Facility use within the MX-L/cr (Mixed-Use Large with prior conditions of record) zone district consisting of 7,500 square feet located at 925 W. Cucharras St.
Presenter:
Ryan Tefertiller, Urban Planning Manager, Planning + Neighborhood Services
Peter Wysocki, Director, Planning + Neighborhood Services
Body
Summary:
Owner: Mondial Investments, LLC / Jeff Slavens
Developer: Humble Paws / Manuel Martinez
Representative: N/A
Location: 925 W. Cucharras St.
The owner and tenant of 925 W. Cucharras St. are requesting a use variance to allow the existing Humble Paws animal care facility to continue to operate at the site. The use was established without necessary approvals. Adjacent property owners and users initiated a complaint to the City's Neighborhood Services Division due to dog noise and safety concerns. Enforcement Staff confirmed a zoning violation and initiated a notice of violation in July of 2023. The applicant must either abate the violation by moving the business to an appropriately zoned site or gain approval of a use variance.
Background:
Please see the attached City Planning Commission Staff Report for a complete 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...
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