02/04/10 - Laserfiche WebLink

Home

Alexander H. Merriam setback from three feet down to zero feet in order to further the reconstruction of a nonconforming duplex. There was some discussion during the hearing as to whether the workcould have been done without the variance. However, one commissioner commented that" . . . the benefit of doubt should be given especially when upgrading a distressed property." Ultimately, the plan- ning commission granted the variance 5-0 subject to the condition that the applicant demonstrate that a structural alternative was not possible (City Planning Commission Minutes, July 19,2007). Gardner, Massachusetts, in its list of distressed properties, makes a point ofgiv- ing information on where to get a zoning variance ("Distressed Property List 2008"). In Hermosa Beach, California, follow- ing therecommendations ofthe director of community development and the city man- ager, the city council upheld the denial ofa variance for abanquet facility (City Council Agenda, Aprili6,200S). Testimony in sup- port of the variance included claims of the . economIC need. The executive director of the Hermosa: Beach Chamber of Commerce and Visitors Bureau said, " . . . the business waS important to the economic health of the city, because $500,000 had gone toward sales tax since they opened. . . ." In the end, the public officials all recognized that economic distress is not a basis for a vari- ance. Commissioner Ron Pize.r, speaking atthe public hearing, said the "Planning Commission could not make the findings for the variance either. . . " even though the par- 90 eel in question was" . . . a distressed prop- erty that had been vacant for many years" (City Council Minutes, April 26, 2005). OVERLAY DISTRICTS For all but the smallest communities, I prefer overlay districts because they 1. allow for great variation in the criteria for designation; 2. may vary in the size ofthearea; 3. are, as map amendments, usually charac- terized as "legislative" and as such are most easily defended; and 4. can permit site-specific determinations when coupled with a somewhat discretion- ary approval process, such as a special use or conditional use permit. SpringettsburyTownship, Pennsylvania SpringettsburyTownship has adopted a flex- ible development overlay district-a floating zone-to enable assembly of distressed properties to facilitate redevelopment: It was adopted as part of zoning regulation changes enacted in June 2007. Apparently the first use of that flexible overlay district was in the'fall of 2007 when Rite Aid applied for approval to assemble four properties, one of them developed with a Jiffy Lube and the three others vacant (Garman, 2007). Here is the purpose section ofthe regulations: The Flexible Development District (F-D) is hereby established as a district in which regu- lations are intended to permit and encourage flexibility in development to encourage rein- vestment and redevelopment. In promoting such development, the specific intent of this article is to allow for the use of vacant and under-utilized lands and buildings through the use of flexible development and redevel- opment standards; sustainable development practices, including compatible architectural design; environmental performance stan- dards, and by strictly prohibiting any use that would substantially interfere with the devel- opment, continuation or expansion of such uses within this district. (Township Code, Section 325-88) Los Angeles Los Angeles has had an Adaptive Reuse Ordinance since 1999. The ordinance is intended to incentivize the conversion of underutilized commercial buildings into housing in the downtown area. Since its adoption, numerous older commercial build- ings have been converted into thousands of apartments, condominiums, live-work units, artists' lofts, and so forth.The concept Kris Marley ZONINGPRACTICE 12.09 AMERICAN PlANNING ASSOCIATION Ipage 4