FROM: Walt Wendolowski, City Planner

SUBJECT: Variance Application 07-008

DATE: January 29, 2007

I. BACKGROUND

A. APPLICANT: Tom Rawdon.

B. PROPERTY LOCATION: The property is located on the east side of Maple Street, approximately midway between E. Main Street and E. Azalea Street. The property address is 155 North Maple Street (T3S; R4W; Sec. 04AC; Tax Lot #1100).

C. PARCEL SIZE: 3,430 square feet.

D. EXISTING DEVELOPMENT: The property contains an existing 1,100 square foot commercial building. Public sewer and water are available and the property fronts a public street.

E. ZONING: General Commercial (C-3).

F. ADJACENT ZONING: All adjacent land is zoned (C-3) with commercial uses the dominant activity.

G. PROPOSAL: The applicant is requesting approval of a Variance to eliminate the off-street parking requirement.

H. DECISION CRITERIA: Yamhill Municipal Code, Section 10.100 (Variances).

II. APPLICATION SUMMARY

A. The applicant converted the residence on the property to a gift shop, associated workshop and an Internet trucking business. Staff determined the activities were permitted within the C-3 zone. A development review was required as the project did not involve the construction of a new building or the expansion of the existing structure. However, the conversion from residential to commercial uses required the creation of at least three, off-street, paved parking spaces were required.

B. The applicant requested, and received, approval of a variance to eliminate off-street parking for the building (Variance File No. 03-002). This decision included the following condition:

"B. The variance shall be limited to the proposed businesses as indicated on the submitted application. Any change of use shall require a new variance approval for the elimination of required parking spaces.”

Since the decision, the applicant expanded the gift shop to include an espresso bar but also eliminated the Internet trucking business.

C. The applicant now wishes to expand business on the site by developing a commercial kitchen to be used for a catering business. This activity is a service- type business permitted under Section 10.28.020 of the Municipal code. Consistent with Condition “B” this change in use requires a new variance application to eliminate all parking and loading requirements in Chapter 10.52.

D. No agencies commented on this application and no other comments were received by the City at the time of the staff report.

III. CRITERIA AND FINDINGS - VARIANCE

A. The Planning Commission may approve a variance where it can be shown that, owing to special and unusual circumstances related to the property, strict application of the provisions in Title 10 would cause an undue or unnecessary hardship (Section 10.100.010). City staff determined the application complied with the submittal requirements in Section 10.100.020.

B. The specific decision criteria are found in Section 10.100.030. The criteria and findings are noted in the following sections.

1. Section 10.100.030(A) - There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the requirements of this Title, and is the minimum relief to relieve the hardship.

FINDINGS: Due to the location of the existing building, there is no area available on the property in which to place parking. The combination of parcel size and location of the structure present practical difficulties in constructing the necessary parking.

Staff believes this conclusion is appropriate as long as the uses are limited to retail businesses, as a majority of the traffic generated by the existing use may use available on-street parking. However, with a commercial kitchen
staff believes there is a greater need for a separate loading area as food is brought to the kitchen and the final catered product is loaded for delivery. Use of on-street parking for loading may create a traffic safety hazard.

2. Section 10.100.030(B) - There are exceptional or extraordinary circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply
generally to the land, buildings, or uses in the same zone; however, nonconforming land, uses, or structures in the vicinity shall not in themselves constitute such circumstances or conditions.

FINDINGS: The parcel size and existing improvements preclude placement of the required parking. Unlike vacant commercial land, there is no opportunity to install necessary parking to meet the requirements of the Code. Therefore, this situation is unique to the site. Again however, while this may be appropriate for retail services, in staff’s opinion this does not apply to a commercial use that is dependent on a loading space.

3. Section 10.100.030(C) - That granting the application will not be materially detrimental to the public welfare or be injurious to property or improvements in the neighborhood of the premises.

FINDINGS: In the prior decision, the applicant indicated there would be no deliveries at the site. This changes with the advent of the commercial kitchen. The unloading of food items and loading of the final catered product
requires a separate off-street loading space to reduce potential adverse impacts on traffic safety.

4. Section 10.100.030(D) - That such variance is necessary for the preservation and enjoyment of the substantial property rights of the petitioner.

FINDINGS: The subject property is zoned C-3 and is designated for commercial activities. The building is currently being used for commercial purposes with an approved variance to the parking requirement. Failure to grant the variance does not eliminate the right of the applicant to use the site for existing (and potentially similar) commercial uses.

5. Section 10.100.030(E) - That the granting of the application will not, under the circumstances of the particular case, adversely affect the health or safety of persons working or residing in the neighborhood of the property of the
applicant.

FINDINGS: As previously noted, the need for a loading space may adversely affect traffic safety within the area.

6. Section 10.100.030(F) - That granting of the application will be in conformance with the intent and purpose of this Title and any officially adopted comprehensive plan.

FINDINGS: The Commission previously found the parking variance allowed the use of the property for commercial purposes. This may continue. What is at issue here is not commercial uses per se, but the type of commercial
use proposed by the applicant. Staff believes the needs of the catering business cannot be met by using on-street parking.

C. The decision to approve the previous variance application was based, in part, on the particular types of businesses. Based on the applicant’s statements at that time, there would be no deliveries to the site, thereby reducing local traffic impacts. However, the decision noted that other permitted commercial uses - “such as a restaurant” - might necessitate the unloading (or loading) of merchandise that could impact traffic safety. This is especially critical as Maple Street is a State highway. For this reason, the previous variance was limited to the proposed businesses and required a new variance approval for any change in use.

D. The proposed commercial kitchen for catering is such a change in use. Further, this is the “other” commercial activity envisioned by staff and the Commission that requires an off-street loading area to avoid impacts on traffic safety. The request to eliminate parking for this new use is inconsistent with the intent and purpose supporting the original decision.

IV. RECOMMENDATION AND CONDITIONS OF APPROVAL

Staff believes the proposal fails to comply with the applicable decision criteria and recommends the Planning Commission deny the application.

If findings are established in support of the request, staff recommends the Commission consider the following Conditions of Approval:

A. Unless otherwise approved by this variance, development of the property shall comply with all applicable provisions of the Yamhill Municipal Code.

B. The variance shall be limited to the existing business and proposed commercial kitchen as indicated on the submitted application. Any change of use shall require a new variance approval for the elimination of required parking spaces.

C. Compliance with the Conditions of Approval shall be the sole responsibility of the applicant.

V. PLANNING COMMISSION ACTION

A. The Planning Commission may either:

1. Deny the application, adopting findings contained in the staff report;

2. Deny the application, adopting modified findings; or

3. Approve the application, specifying reasons why the application meets the decision criteria and adopt conditions in support of the decision.

B. Staff will return with an Order for the Chair’s signature based on the Planning Commission decision.