HomeMy WebLinkAbout03-19-09 work sessionMeeting Notes
Planning Commission Work Session
Thursday, March 19, 2009
Marion Conference Room
The Planning Commission work session commenced at 7:45 p.m. in the Marion Conference
Room of City Hall.
Commissioners Present: Chair Davis, Drotning, Grenz, Lillehei, Pattee, and ex-officio Bussler.
Staff Present: Planning Director Daryl Morey, Associate Planner Kris Jenson, and Assistant
City Attorney Andrea Poehler.
Also Present: Tim McGuire, McGuire Mechanical; Bruce Sullivan, Sully's Tire and Wheel; and
Ryan Krzmarzick, NAI Welsh Commercial Real Estate Services.
Sullv's Tire ~ Wheel
Mr. McGuire owns the multiple tenant building in the southeast quadrant of 208th Street and Holt
Avenue where Sully's Tire and Wheel is currently a located. He stated that he has never had an
issue with the City regarding any of the tenants in his building since he purchased it in 1984.
Mr. Sullivan stated that Sully's Tire & Wheel began operating in Mr. McGuire's building last
November and he was not aware that his business required a conditional use permit. He
expressed his appreciation to be able to meet informally with the Planning Commission at a
work session to gauge their support for his conditional use permit and variance applications.
Mr. Morey stated that the subject property is zoned C-CBD District. Tire and battery stores and
service are conditional uses in the C-CBD District, subject to seven provisions. One of the
provisions requires a minimum lot area of 20,000 square feet. The subject property does not
meet the minimum lot area requirement. He asked that the Planning Commission consider
whether the non-conformities associated with the existing building and property create a
hardship in this particular case.
Planning Commission members stated that they did not think this request would meet the undue
hardship criteria listed in Section 11-6-5 of the Zoning Ordinance. In the past, when the
Planning Commission believed that the need for a variance was the result of an outdated
ordinance provision, they have studied the issue and considered an amendment to the
ordinance instead.
Mr. Morey stated that the 20,000 square foot minimum lot area is listed as a provision in the
C-2, C-3, and C-CBD districts where tire and battery stores and service are allowed by
conditional use permit. The minimum base lot area requirement in the C-2 and C-3 Districts is
20,000 square feet. There is no minimum base lot area requirement in the C-CBD District. The
20,000 square foot minimum lot area provision has been in the Zoning Ordinance since the
1980s for the corresponding commercial zoning districts; however, the minimum base lot area
Planning Commission Work Session
March 19, 2009
for those districts was less than 20,000 square feet at that time. As such, this minimum lot area
provision may be outdated.
The Planning Commission unanimously agreed to study the performance standards for tire and
battery stores and service as part of the 2009 Zoning Ordinance Update. The Planning
Commission recommended that staff suspend their enforcement action against Sully's Tire &
Wheel until the Zoning Ordinance Update is complete. However, the Planning Commission
expressed concerns regarding noise and other impacts the use might have on the adjacent
residences, especially during the summer. The Planning Commission advised Mr. Sullivan to
consider ways to reduce impacts to the surrounding neighbors as they operate their business
during the Zoning Ordinance Update process, such as keeping their service doors closed and/or
limiting their hours of operation.
Staff agreed to contact Mr. McGuire and Mr. Sullivan so they can provide input to the Planning
Commission when this section of the Zoning Ordinance Update is considered.
The work session was adjourned at 8:35 p.m.
Respectfully submitted,
Daryl M rey, Plan 'n Director
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