Public Hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2015-0599. A request by Thomas N. Smith, AIA, on behalf of Michael Zaczek, owner, for a variance to reduce the required parking spaces from 55 to 31 in a Community Commercial (C-2) zoned property located at 722 N. San Luis Plaza Drive, San Luis, AZ. (John Starkey, Zoning Administrator)

A. Open public hearing
B. Close public hearing
C. Action on Variance Case No. 2015-0599

The property in question is located in San Luis Plaza Subdivision; parcel number 775-37-021 which was recently rezoned from Neighborhood Commercial (C-1) to Community Commercial (C-2). C-2 Zoning District is intended to allow larger and more intense commercial uses than C-1.
 
The exiting building was used as a retail store (General Dollar) and required only 30 spaces. Right now the building is unoccupied and the proposed new use of this building is a plasma collection facility, CSL Plasma, which will now require 55 parking spaces.
The applicant is requesting to allow 31 parking spaces instead of the 55 required in Chapter 16, Table No.15-Required Parking Spaces per Land Use of the City of San Luis Zoning Ordinance. The Zoning Ordinance requires 1 parking space per every 250 square feet G.F.A. (Gross Floor Area) plus 1 space per every 2 employees. The site plans submitted for review indicated that the building is 9,000 square feet (36 parking spaces required) and there were going to have 38 employees (19 parking spaces required) totaling in 55 required parking spaces.
 
GENERAL PLAN:
This area is designated as Activity Center in the City of San Luis 2020 General Plan. The Activity Center Land Use Designation allows all types of commercial development. The proposed use of this property will be consistent with the general plan land use designation.
 
COMMENTS:
As with all variance requests, this was distributed to various review agencies.  We received only one comment, attached, from the City of San Luis Fire Department (12-14-15).

As required by state law, staff sent notification letters to property owners within 300 feet of the proposed project. The City has not received any other significant concerns or objections from the various review agencies or adjacent property owners. 
 
CRITERIA FOR APPROVAL:
All requests for a variance from the City of San Luis Zoning Ordinance must meet the criteria for a variance as set forth in the City of San Luis Zoning Ordinance.  A variance is not a right.  It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and in Sec 3.5 (C.) of this ordinance.   In all cases, the application shall address all of the following hardship criteria: 

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare. 

The Arizona Revised Statutes (§9-462.069-462.06.  Board of adjustment) further states that the Board may not: 

1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner. 

ANALYSIS: Staff has reviewed this request and has determined that the request meets the criteria for granting a variance from the Zoning Ordinance.   

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.

There are special circumstances that do not apply to other properties in this subdivision. All the lots in this subdivision went through a recent rezoning. The requirements for parking spaces are based on the use of the land or type of business. The new zoning allows for larger uses in this area. The previous use was in compliance with the parking requirements, based on the new proposed use the requirements changed and now requires 25 parking spaces more. The surrounding properties are either in compliance with parking requirements or are vacant lots big enough to construct businesses with the required parking spaces. The property is one of the smallest in the subdivision and does not have any space for additional parking. 

2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. 

The existing building was built with the required parking spaces based on the previous use. The new use requires 25 more spaces but there is no space for additional parking. The circumstances are preexisting and not self-imposed by the applicant. 

3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district. 

The ability to use the property as a commercial business is not compromised by disallowing fewer parking spaces. However, the property size and the available parking spaces limit the type of businesses in this lot. The variance is necessary to preserve the property rights and allow the same businesses as the other lots in the subdivision.  

4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare. 

The property is located in a commercial plaza. The surrounding properties are either built with the required parking spaces or are vacant lots big enough to build their required parking spaces. Authorizing the variance will not be materially detrimental to the area. 

Staff recommends APPROVAL of variance to reduce the required parking spaces from 55 to 31 on property located at 722 N. San Luis Plaza Drive, San Luis AZ.   
 
The reason for this recommendation is that the applicant meets the four required criteria for a variance as required by City of San Luis Ordinance and by the Arizona Revised Statutes.