|
Regular
|
| Board of Adjustment | |
| Date: | 12/04/2024 |
| Title: | Variance 1376 - 4221 Kari Lane - CMU2 Building and Siting |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of the variance request from Section 27-406, Table 27-400.3.A.1 – Build-to Corner, A.3 – Minimum Front Lot Line Coverage, A.5 – Street-side Build-to Zone, and D.16 and 17 – Minimum Front Façade Door & Window coverage, in a Corridor Mixed Use 2 (CMU2) zone district.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-406, Table 27-400.3.A.1 – Build-to Corner, A.3 – Minimum Front Lot Line Coverage, A.5 – Street-side Build-to Zone, and D.16 and 17 – Minimum Front Façade Door & Window coverage, in a Corridor Mixed Use 2 (CMU2) zone district on Lot 14A, Block 1 of Montana Sapphire Subdivision, having a general address of 4221 Kari Lane, a 2.083 acre parcel of vacant land. The proposed use is a carwash. The parcel has three street frontages, Kari Lane, King Avenue West, and Dannell Street.
The Corridor Mixed Use 2 (CMU2) zone district is a zoning for the city that requires buildings to be closer to the street and promotes development that is comfortably accessible via all modes of transportation. Parking is in the rear, side, or internal to the site with more street frontage landscaping. The zone districts require a minimum and maximum front build-to area along the street for mixed use zoning districts. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses that frames the street. The front facade door and window coverage apply to the build to zone area.
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year flood plain that crossed the front of the property. Two adjacent properties on King Ave West were granted a front lot line coverage reduction for a Smitty's Car Wash (CMU2 zone) for a variance that included front build to zone, window and door coverage, and the new Panda Express both due to the narrowness of the lots and the shared access easement for property to the south. All of these variances are similar requests although separated by degrees of intensity and use. The Costco parcel on Zoo Drive had physical constraints (an irrigation ditch) and functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcels were burdened by topography and a shared access easement, while the Blue Creek Road parcel had onsite flood plain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variances were approved in October 2022 and October 2023. Additionally, in March 2022, the City Council approved a Special Review for an auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage.
These variances are being requested with Dannell Street frontage considered the "front lot line," as it is the only one of the three frontages that allows compliance with the "build-to" zone requirements. The subject property has street frontage on three sides, making it impossible to meet all the "build-to" requirements on all three street frontages. While the proposed car wash is a permitted use in the CMU2 zone district, designing the project on a lot with three street frontages is challenging under the current build-to zone requirements. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, furthering the issue of Kari Lane frontage from meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage."
The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan). The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash. The north and south property lines are classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street. Meeting the restriction of garage entrances on the side or rear of the property.
APPLICATION DATA
OWNERS: JDKJ PARTNERSHIP LLP, Mike Irwin, contract buyer.
AGENT: Taylor Kasperick, Performance Engineering
PURPOSE: Build-to Corner, A.3 – Minimum Front Lot Line Coverage, A.5 – Street-side Build-to Zone, and D.16 and 17 – Minimum Front Façade Door & Window coverage,
LEGAL DESCRIPTION: Lot 14A, Block 1 of Montana Sapphire Subdivision
ADDRESS: 4221 Kari Lane
EXISTING LAND USE: Vacant land
PROPOSED LAND USE: Car Wash
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: St. Vincent Healthcare PD
Land Use: Medical campus Dialysis clinic
SOUTH: Zoning: CMU2
Land Use: Automotive service-Caliber Collision
EAST: Zoning: CMU2
Land Use: Financial institution- Beartooth Bank
WEST: Zoning: CMU2
Land Use: Manny's Sports Bar
The Corridor Mixed Use 2 (CMU2) zone district is a zoning for the city that requires buildings to be closer to the street and promotes development that is comfortably accessible via all modes of transportation. Parking is in the rear, side, or internal to the site with more street frontage landscaping. The zone districts require a minimum and maximum front build-to area along the street for mixed use zoning districts. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses that frames the street. The front facade door and window coverage apply to the build to zone area.
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year flood plain that crossed the front of the property. Two adjacent properties on King Ave West were granted a front lot line coverage reduction for a Smitty's Car Wash (CMU2 zone) for a variance that included front build to zone, window and door coverage, and the new Panda Express both due to the narrowness of the lots and the shared access easement for property to the south. All of these variances are similar requests although separated by degrees of intensity and use. The Costco parcel on Zoo Drive had physical constraints (an irrigation ditch) and functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcels were burdened by topography and a shared access easement, while the Blue Creek Road parcel had onsite flood plain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variances were approved in October 2022 and October 2023. Additionally, in March 2022, the City Council approved a Special Review for an auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage.
These variances are being requested with Dannell Street frontage considered the "front lot line," as it is the only one of the three frontages that allows compliance with the "build-to" zone requirements. The subject property has street frontage on three sides, making it impossible to meet all the "build-to" requirements on all three street frontages. While the proposed car wash is a permitted use in the CMU2 zone district, designing the project on a lot with three street frontages is challenging under the current build-to zone requirements. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, furthering the issue of Kari Lane frontage from meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage."
The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan). The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash. The north and south property lines are classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street. Meeting the restriction of garage entrances on the side or rear of the property.
APPLICATION DATA
OWNERS: JDKJ PARTNERSHIP LLP, Mike Irwin, contract buyer.
AGENT: Taylor Kasperick, Performance Engineering
PURPOSE: Build-to Corner, A.3 – Minimum Front Lot Line Coverage, A.5 – Street-side Build-to Zone, and D.16 and 17 – Minimum Front Façade Door & Window coverage,
LEGAL DESCRIPTION: Lot 14A, Block 1 of Montana Sapphire Subdivision
ADDRESS: 4221 Kari Lane
EXISTING LAND USE: Vacant land
PROPOSED LAND USE: Car Wash
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: St. Vincent Healthcare PD
Land Use: Medical campus Dialysis clinic
SOUTH: Zoning: CMU2
Land Use: Automotive service-Caliber Collision
EAST: Zoning: CMU2
Land Use: Financial institution- Beartooth Bank
WEST: Zoning: CMU2
Land Use: Manny's Sports Bar
STAKEHOLDERS
Planning staff notified surrounding property owners via mail, published a legal advertisement in the Yellowstone County News, and posted the required sign on the property. At the time this report was submitted, no comments had been received from nearby property owners.
ALTERNATIVES
The Board of Adjustment may:
- Deny the requested variance and amend the findings of fact for the criteria;
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to physical constraints with street frontage on three sides, making it impossible to meet all the "build-to" requirements. While the proposed car wash is a permitted use in the CMU2 zone district, designing the project on a lot with three street frontages is challenging under the current "build-to" zone requirements. The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan). The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash. The north and south property lines will be classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street. Meeting the restriction of garage entrances on the side or rear of the property. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and traffic circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, further exempting Kari Lane from meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage." Smitty's Car Wash (CMU2 zone) was granted a variance that included front build to zone, window and door coverage on King Avenue W. Enforcing window and door coverage requirements on the front façade is challenging for a car wash, as its design typically lacks prominent windows or doors.
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
Specific to the Doors/Windows requirement, there are other developed properties in the area that have less than the required front facade of window and door coverage. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design, the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts. There are no circumstances that would prevent the building from being designed with the required window and door coverage on the front facade facing Dannell Street however, the unique characteristics of the lot present challenges for a proposed car wash. The north and south property lines are classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street, meeting the restriction of garage entrances on the side or rear of the property. The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash, as its design typically lacks prominent windows or doors. Smitty's Car Wash (CMU2 zone) was granted a variance that included front build to zone, window and door coverage on King Avenue West. The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan).
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area. In addition, there have been variances approved for parcels in CMU zones with similar hardships. There are existing developments in the area built under the previous code. Although this parcel is a CMU2 zoned parcel, the restrictions are similar, but on a much smaller scale than the previous approved variances in the CX zone districts. The City Council approved a special review for an auto repair center on Shiloh Crossing Blvd in the CMU2 zone that included a variance approval for relief from the front lot line building coverage. The Board granted variances for new development on Blue Creek Road and King Ave West to accommodate restrictions to property in the CMU zone district. Specific to the doors/windows requirement, there are other developed properties in the area that have less than the required front facade window and door coverage. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code to address these cases depending on the extent of the redevelopment. Approval of a variance for less than the required window and door coverage on the front facade would not confer on the applicant a special privilege under the new code because of other developed properties in this area, as well as the BOA approved a variance for window and door coverage for a car wash on King Ave.W. This is an undeveloped parcel and the provisions of the code were developed to promote an aesthetically pleasing facade and promote design features to beautify the commercial developments. The east facade would be the front, enforcing window and door coverage requirements on the front façade is challenging for a car wash, as its design typically lacks prominent windows or doors.
4. That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. Approval of this variance with Dannell Drive as the "front property line", will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from King Avenue and a variance from the required window and door covering considering Dannell Drive as the front property line would not be in harmony with the general purpose of the zoning code and the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy's intentions to promote aesthetically pleasing building facades in commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy. There has been one other variance approved that included window and door coverage on the front facade, for a car wash on 3042 King Avenue W. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and traffic circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, furthering the issue of Kari Lane frontage meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage."
Section 27-1627.E.
1. Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The above-referenced criteria from Section 27-1627.D. has been addressed above in the staff report for the board to state.
2. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
3. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically, the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 3 years of Board approval.
4. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Car washes are allowed uses in the CMU2 zone.
Section 27-1627.D
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to physical constraints with street frontage on three sides, making it impossible to meet all the "build-to" requirements. While the proposed car wash is a permitted use in the CMU2 zone district, designing the project on a lot with three street frontages is challenging under the current "build-to" zone requirements. The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan). The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash. The north and south property lines will be classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street. Meeting the restriction of garage entrances on the side or rear of the property. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and traffic circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, further exempting Kari Lane from meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage." Smitty's Car Wash (CMU2 zone) was granted a variance that included front build to zone, window and door coverage on King Avenue W. Enforcing window and door coverage requirements on the front façade is challenging for a car wash, as its design typically lacks prominent windows or doors.
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
Specific to the Doors/Windows requirement, there are other developed properties in the area that have less than the required front facade of window and door coverage. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design, the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts. There are no circumstances that would prevent the building from being designed with the required window and door coverage on the front facade facing Dannell Street however, the unique characteristics of the lot present challenges for a proposed car wash. The north and south property lines are classified as side street frontages, yet the building’s actual front faces King Avenue, resulting in the wash bay garage doors being oriented toward the "side" street, meeting the restriction of garage entrances on the side or rear of the property. The unique characteristics of the lot present challenges for any business, but these are particularly pronounced for a proposed car wash, as its design typically lacks prominent windows or doors. Smitty's Car Wash (CMU2 zone) was granted a variance that included front build to zone, window and door coverage on King Avenue West. The applicant is proposing a layout that designates Dannell Street as the "front property line" to meet the "front build-to" zone requirements (as shown in the attached site plan).
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area. In addition, there have been variances approved for parcels in CMU zones with similar hardships. There are existing developments in the area built under the previous code. Although this parcel is a CMU2 zoned parcel, the restrictions are similar, but on a much smaller scale than the previous approved variances in the CX zone districts. The City Council approved a special review for an auto repair center on Shiloh Crossing Blvd in the CMU2 zone that included a variance approval for relief from the front lot line building coverage. The Board granted variances for new development on Blue Creek Road and King Ave West to accommodate restrictions to property in the CMU zone district. Specific to the doors/windows requirement, there are other developed properties in the area that have less than the required front facade window and door coverage. These properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code to address these cases depending on the extent of the redevelopment. Approval of a variance for less than the required window and door coverage on the front facade would not confer on the applicant a special privilege under the new code because of other developed properties in this area, as well as the BOA approved a variance for window and door coverage for a car wash on King Ave.W. This is an undeveloped parcel and the provisions of the code were developed to promote an aesthetically pleasing facade and promote design features to beautify the commercial developments. The east facade would be the front, enforcing window and door coverage requirements on the front façade is challenging for a car wash, as its design typically lacks prominent windows or doors.
4. That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. Approval of this variance with Dannell Drive as the "front property line", will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from King Avenue and a variance from the required window and door covering considering Dannell Drive as the front property line would not be in harmony with the general purpose of the zoning code and the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy's intentions to promote aesthetically pleasing building facades in commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy. There has been one other variance approved that included window and door coverage on the front facade, for a car wash on 3042 King Avenue W. Any single-use building on this property would struggle to comply without extending the structure along the entire length of Dannell Street. Additionally, a 20-foot-wide utility easement along the north property line prevents any building placement on the King Avenue "build-to" frontage. Access limitations further complicate development, as the subdivision plat imposes no-access restrictions along both King Avenue and Dannell Street rights-of-way. The only available access to the property is from Kari Lane, which limits site access and traffic circulation. Additionally, the southern property line along Kari Lane is situated at the centerline of the road, furthering the issue of Kari Lane frontage meeting the requirements for either the side or front street "build-to" zone and "front lot line building coverage."
Section 27-1627.E.
1. Whenever the City Board of Adjustment grants an application for a variance, the minutes shall specifically state the criteria upon which the variance is granted.
The above-referenced criteria from Section 27-1627.D. has been addressed above in the staff report for the board to state.
2. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
- The variance is to allow variance request from Section 27-406, Table 27-400.3.A.1 – Build-to Corner, A.3 – Minimum Front Lot Line Coverage, A.5 – Street-side Build-to Zone, and D.16 and 17 – Minimum Front Façade Door & Window coverage, in a Corridor Mixed Use 2 (CMU2) zone district., as depicted on the submitted site plan for the new building. No other variance is intended or implied.
- This variance request is applicable to only Lot 14A, Block 1 of Montana Sapphire Subdivision, having a general address of 4221 Kari Lane.
- The structure will be built in substantial conformance to the drawings submitted with this variance request. Minor modifications to the location of the proposed structures and other site improvements as shown on the submitted site plans are allowed.
- The applicant/developer shall apply for a building permit within 12 months of Board of Adjustments approval and complete the development within 3 years of Board of Adjustments approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
- There shall be no construction activity prior to 7 am or after 8 pm daily.
- All other zoning regulations, except for these specific variances, and any other applicable city regulations apply to the development of the site.
- Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
- These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
3. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically, the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 3 years of Board approval.
4. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Car washes are allowed uses in the CMU2 zone.