Board of Adjustment

BOARD OF ADJUSTMENT Regular Meeting DATE: May 19, 2021 TIME: 5:00 p.m. PLACE: Zoom Online Meeting PRESENT: Breza, Buege, Conway, Krofchalk, Murphy, Sanchez, Slavey ABSENT: None Chairman Sanchez called the meeting to order at 5:00 p.m. The minutes from the Board’s May 5, 2021 meeting were approved unanimously upon motion by Jon Krofchalk and second by Aaron Slavey. All were in favor of approving the minutes. Petition No. 21-7-V, Black Squirrel Properties – Michael Onstad Chairman Sanchez opened the public hearing and read the petition: Black Squirrel Properties, LLC – Michael Onstad – City Code Section 43.03.74(P)(2) Use Specific Standards, Storage Facility: Which requires that storage facilities not utilize the front 50% of a building’s first floor area with the exception of a maximum 36 inch (36”) wide dedicated entry and associated access to the storage use in the rear. Applicant is proposing a storage use that goes beyond the prescribed 50% limitation and associated entry. City Code Section 43.03.74(P)(3) Use Specific Standards, Storage Facility: Which requires that dedicated parking and loading facilities shall not be located in the front 50% of the property. Applicant is proposing re-using the existing parking facilities located at the property addressed as 330 West Second Street. Property is described as MU-DF zoning, Sect-22 Twp-107 Range-007 PORT AUTHORITY RIVERVIEW PARK THAT PART OF ELY 300' OUTLOT F BEG ON SLY LINE, 150' WLY SE CORNER, THENCE N 70 DEG WEST ALONG SLY LINE OUTLOT F, 150', N 19 DEG E 240.00', S 70 DEG, E 150', S 19 DEG W 240' TO BEG. Michael Onstad, 707 ½ West Broadway, addressed the Board. Mr. Onstad said he purchased the building at 330 West Second Street in 2015. He said he had been working with Carlos Espinosa, City Planner and Luke Sims, Assistant City Planner, to allow storage in his building. He said his building was rezoned in 2017 to Mixed Use Downtown Fringe. Mr. Onstad said he is not looking for mixed BOARD OF ADJUSTMENT MINUTES May 19, 2021 PAGE 2 use, he is looking for storage. Mr. Onstad said he has had very little interest from anyone wanting to purchase the building. Mr. Onstad said he did have someone interested in renting the whole space but as a backup the back 50% he would like to utilize for storage and the front 50% which is a lot of space to fill, to be used for something else. Mr. Onstad said his taxes have gone up and he would really like to utilize this building for now while waiting to see if it can be sold or rented. Chris Sanchez asked if he owned the whole building and Mr. Onstad said he owned half, which is 10,000 square feet. Jon Krofchalk asked if he is requesting to use all of the 10,000 square feet and Mr. Onstad said yes. There was discussion about access. There being no others who desired to speak, Chairman Sanchez closed the public hearing and opened it up for discussion. Next, the Board went through the variance finding questions. Is the variance in harmony with the purpose and intent of the ordinance? Yes, surrounding businesses support what he wants to do with this particular business. Tom Conway said he felt the ordinance applies to this situation. He said it’s more industrial than retail. Is the variance consistent with the Comprehensive Plan? Yes, it’s supports the downtown core area. Does the proposal put the property to use in a reasonable manner? Yes, supports the downtown core. Are there unique circumstances to the property not created by the landowner? Yes, the city changed the zoning when they did the new update. Will the variance, if granted, retain the essential character of the locality? Yes, it doesn’t change the look of the property. The Board felt that the doors are wide enough in front because he has two 36 inch doors which makes it six feet and the board was satisfied with that. Tom Conway made a motion to approve both variance requests and it was seconded by Jim Murphy. All were in favor of approving the variance. Petitioner was informed that there was a 10-day appeal period during which time no action could be taken on the petition. BOARD OF ADJUSTMENT MINUTES May 19, 2021 PAGE 3 Adjournment Jon Krofchalk made a motion to adjourn with a second by Tom Conway. All were in favor of adjourning. There being no further business to come before the Board, the meeting was adjourned at 5:25 p.m. _______________________ Chad Sommer Secretary