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Department Report
Board of Zoning Appeals
April 22, 2002
Page 2 of 12
2h. Simeon Hawkins' AdditiQn, Lot l(P"i!ft)' M 2(part) (V-8-02)
Petitioner seeks approval of a Developmental Staildards Variance of Section 27.5:
Amount of Parking Spaces Required in order to establish a mixed-use office/retail with
zero (0) on-site parking spaces.
The site is located at 38 West Main Street. The site is zoned B-l/Business within the Old
Town Overlay Zone.
In deciding whether or not the applicant has presented sufficient proof to permit the
granting of a variance of development standards, the Board shall determine in writing
that:
1. The approval will not be injurious to the public health, safety, morals and
general welfare of the community;
The building located on this site exists as a legal, pre-existing nonconfonning
structme. The site has always been served by off-site parking. The need for this
Developmental Standards Valiance arises from the change in use, not due to any
change in the existing site conditions. Therefore, the Department believes that the
grant of this variance will not be injurious to the public health, safety, morals and
general welfare ofthe community.
2. The use and value of the area adjacent to the property included in the
variance will not be affected in a substantially adverse manner; and
It is the Department's opinion that the use and value of the area adjacent to the
property will not be affected in a substantially adverse manner by the lack of on-
site parking for this facility. As previously noted, the building located on this site
has always been served by off-site parking, and the Department is unaware of any
deleterious effects on surrounding property values as a result.
3. The strict application of the terms of the Zoning Ordinance will result in
practical difficulties in use of the property.
The property as it exists today is a legal, pre-existing nonconforming tract. The
developmental standards for the B-l/Business District preclude the property's
being brought into conformity at this time. Furthermore, at the time this site was
built, the structure was permitted one hundred percent (100%) lot coverage, so
there is no room available for on-site parking. The site is bounded on the east and
west by existing municipal parking lots. In addition, the installation of additional
parking lots adjacent to Main Street in this area would undermine the character of
the Old Town District.
The Department recommends favorable consideration of Docket No. V-8-02, the petition
for zero (0) on-site parking spaces.
Page 2