The Friendship House located at 3123 8th Avenue South is proposing to construct a parking lot on a parcel that is located across 8th Avenue South from the Friendship House. They are proposing to access the parking lot from South 31st Street and exit utilizing the alley.  Section 6-203 of the City Code states the following:

Applications for building permits shall be reviewed by the building official, or other person or department designated by the city administrator, to determine whether the proposed construction will require the installation or construction of public improvements, such as street or alley paving, curbs, gutters, sidewalks, drainage facilities, water and sewer facilities, or other public improvements.

Sites similar to this have consistently been required to pave alleys that are being used for access due to the fact that any use greater than a single family home tends to create additional maintenance requirements for the alley. 

Appeal of BMCC 6-203 is through the Board of Appeals (BMCC 6-205).  The Board of Appeals typically only hears building code issues.  Public right of way issues are typically required under site development (BMCC 6-1200) and appealed under the site development variance process (BMCC 6-1210).  The intent was to provide a public process by which the applicant could appeal city staff decision for a right of way issue.  Upon further review, the variance will be brought to the Board of Appeals for consideration.  

A public hearing for this item was held on February 26, 2018, and continued until March 12, 2018.  Staff is recommending that the public hearing be continued and closed.  The item will be brought forward to the Board of Appeals.

The Council may:

• Open the continued public hearing, close the public hearing and table the item indefinitely.

The administrative cost of the variance is offset by the application fee.

Staff recommends that the City Council open the continued public hearing, close the public hearing and table the item indefinitely.