320 BROADWAY
The first public hearing will be the 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 process that requires the P&Z to evaluate the application based on seven criteria to formulate its recommendation to the City Commission, which will make the final decision.
The seven criteria are:
-Will the use increase street and right-of-way congestion?
-Will the use diminish safety from fire, panic and other dangers?
-Will the use diminish the health and general welfare of the public?
-Will the use degrade light and air for the properties in the vicinity and increase overcrowding and concentration of population?
-Will the use have adverse effects on transportation, water, sewer, schools, parks and other facilities or increase the effect of natural hazards?
-Will the use increase the unlawful use of structures, buildings and land?
-Will the use promote the use of or the waste of energy?
If the adverse effects outweigh the benefits of granting the special-use permit it is to be denied, according to the City Code.
408, 410 and 412 MAIN ST.
The second public hearing will be the application for a summary replat and variance for 408, 410 and 412 Main St.
The applicant is Gerald Bush, who wants a “walkway easement to lots 13 and 14.”
The documents included in the P&Z packet do not state if the walkway is in the front, back or side of the buildings.
410 Main St. is occupied by the not-for-profit MainStreet Truth or Consequences.
A variance is needed to do the summary replat because the lots “do not meet the minimum standard width for the C-1 zone.”
323 W. RIVERSIDE DR.
The third public hearing is also an application for a summary replat and variance.
The owner wants to change the internal lot lines “to cleanly separate the houses from the mobile homes,” at 323 W. Riverside Dr.
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.
The applicant is the owner-representative Epifanio Buenaventa.
A summary replat requires the property put in curb, gutter and sidewalk. A variance from this requirement is requested as a “financial hardship.” In addition, the applicant states no curb, gutter and sidewalk currently exist along the property.
The City Code on variances states they can be granted if compliance causes “a substantial or unreasonable hardship to the subdivider because of exceptional topographic, soil or other surface or subsurface condition, or that strict compliance with this code would result in inhibiting the achievement of the objectives of this Code.”
There is no reference to financial hardship in the code.
The Planning and Zoning Commission must make findings of fact on seven conditions before making its recommendation to the City Commission, which will make the final decision.
The seven conditions are:
-Shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the area of notice;
-Shall not result in detriment to the public health, safety, or welfare, or be materially injurious to properties or improvements in the area of notice;
-Is justified because a physical hardship to the applicant is caused by existing size or shape of the lot;
-Upholds the spirit and intent of this Code, public safety and welfare will be secured and substantial justice done;
-Will not result in the City being caused to absorb costs over and above those typically associated with subdivision approval;
-Is not contrary to the requirements of state law;
-Will not cause negative impacts on adjoining properties, properties in the area of notice, or to the public wellbeing.
HOW TO ATTEND
The meeting will be held at City Commission Chambers at 5:30 p.m. at 405 W. Third.
According to the agenda, the public may attend and participate in the public hearing by doing the following:
There will be a limited amount of in-person attendance allowed in the Chambers based on COVID safe practices. You may also access the meeting using the information listed below:
June 24, 2020 Planning & Zoning Commission Meeting
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