The first action meeting was held June 24.
The P&Z did not follow the laws that require them to make findings of fact before approving special-use permits and variances. But they were not instructed to either.
City Manager Morris Madrid and Zoning Official Traci Alvarez are responsible for putting together the P&Z packets that include pertinent local laws on applicants’ requests. They submitted nothing about special-use permits and variances to the new board members.
This is the first time the City Commission has appointed members to the P&Z for seven years. In the interim the City Commission has been performing P&Z duties. It hasn’t been bothering with findings of fact for variances and special-use permits either.
Therefore it is questionable if the new P&Z can now start obeying those laws that have been ignored for so long. Any applicant seeking a special-use permit or variance who was denied could cry foul, claiming he or she was being singled out and held to a higher standard than others.
320 BROADWAY
The P&Z held a public hearing on a special-use permit application by Anna Scattoloni and Corrinne Farmer, who own Galactic Digs Gallery and Other Treasures at 320 Broadway.
They want to live and work in the building, using the front half as art gallery, studio and retail space and the back half as living space.
To live and work in the downtown C-1 commercial zone requires a special-use permit.
A neighbor’s objections were emailed to the P&Z and read into the record. P&Z Chairperson Lilla Urban asked if it were fair to not be able to question the opponent.
City Attorney Jay Rubin agreed written statements were objectionable.
The public hearings were conducted using the Battershell procedure. It requires that opponents, proponents, the P&Z, City staff and the public be able to cross examine each other.
Nevertheless, Rubin allowed the opponent’s statement to be submitted as evidence because of the COVID-19 pandemic.
The opponent said his house was across the alley behind the applicants’ building. He bought the house because of its proximity to the business zone. He assumed 320 Broadway would operate as a business, closing at a reasonable hour. He objected to noise at night, cars coming and going through the alley and business and residential parking in the alley. He requested the P&Z keep the building strictly commercial.
P&Z Member James Bush said “There is parking in the front—quite a lot of it. I don’t think parking is an issue.”
The applicants said they too valued quiet.
P&Z Member Rick Dumiak wanted to put a time restriction on the permit—six months or a year—renewal being based on verification that a business was still operating in the building.
“It irks me there are so many businesses downtown that are not businesses,” Dumiak said.
Madrid and Rubin agreed that the City Commission was very concerned that live-work special-use permits given previously had degenerated into downtown residences with shuttered businesses. Both urged the P&Z to put conditions on the special-use permit.
But P&Z Chairperson Lilla Urban said, “I’m not comfortable coming up with a list of conditions.”
“I am unclear what adequate conditions are. Who is deciding? It should be very clear criteria,” Urban said.
Madrid said, “It’s up to staff [to decide] if the business is a going concern versus a residence behind a mask of a business.”
Urban was not persuaded. “I do think it is a bigger subject,” giving examples of a businessperson-resident having an illness in the family forcing them to close. “Would the permit be revoked?” she asked.
Extensive renovations could also keep the building closed, Urban said, and if the permit were revoked the money spent couldn’t be recaptured.
Urban called for a vote on her motion to grant the special-use permit with no conditions and it passed with Dumiak casting the only nay vote.
The P&Z recommendation will go to the City Commission for a final decision.
408, 410 and 412 MAIN ST.
The P&Z held a public hearing on a summary replat and variance application for 408, 410 and 412 Main St.
The applicant was Gerald Bush, P&Z Commissioner James Bush’s brother, the latter recusing himself from the proceeding.
Bush wanted a “walkway easement to lots 13 and 14” in the back of the buildings.
There were no opponents or proponents besides Bush who testified.
P&Z Chairperson Urban asked if Bush owned all three buildings, and if so, why he couldn’t do what he wanted with his property.
Zoning Official Traci Alvarez said Bush did own all three building lots and simply stated all summary replats come before the board.
Bush explained if he sold the corner building on Foch and Main the two interior buildings would have no access in the back from Foch.
A variance was needed because all summary replat applications require the property come up to code, Alvarez said. Since the building lots do not meet the minimum width standard in the C-1 commercial zone, “buildings would have to be torn down” to bring them into conformity.
The P&Z unanimously granted the request to change the lot lines to include a five-foot walkway behind the buildings, which included the summary replat and variance requests.
The P&Z recommendation will go to the City Commission for a final decision.
323 W. RIVERSIDE DR.
The third public hearing was also an application for a summary replat and variance at 323 W. Riverside Dr.
The owner, Russell Wade, wanted to change the internal lot lines “to cleanly separate the houses from the mobile homes.”
Lots 15, 16 and 17 have houses on them and lots 18 through 26 have mobile homes on them in the R-3 residential zone that allows higher density.
Richard Epstein testified as a proponent, stating he was in favor of granting the variance and summary replat “because I want to buy the property.”
A summary replat requires the property come up to code, which includes putting in curb, gutter and sidewalk. A variance from the requirement was requested as a “financial hardship.” In addition, the applicant stated no curb, gutter and sidewalk currently exist along the property.
With no discussion, the P&Z granted the summary replat and variance.
The P&Z recommendation will go the City Commission for a final decision.