Background:
Lori and James Dean (“The Applicants”) submitted an application, requesting approval for a site and building plan to construct an addition on the rear portion of the building located at 5300 Dupont Avenue North (“Subject Property”), which would allow for an additional office, bathroom, and indoor storage space.
As the Subject Property is currently a legal nonconforming use, and does not allow for any expansion to the structure per Section 35-111 (Nonconforming Uses), the Applicants made additional requests to re-zone the property from R2 (Two Family Residence) District to C2 (Commerce) District, and approval of a Special Use Permit to continue operation of an automotive repair shop.
City Council approved the aforementioned requests to construct an addition on the north side of the existing shop, located on the Subject Property, and issuance of a Special Use Permit at their regular meeting on July 22, 2019; however, the Charter requires that a request to re-zone a property requires a second reading, which requires a public hearing be held to formally amend Chapter 35 of the City Code of Ordinances to reflect the re-zoning.
The City Council approved the first reading of the ordinance to re-zone the Subject Property at their regular meeting on July 22, 2019, and scheduled the second reading and public hearing for the ordinance amendment for August 12, 2019.
In reviewing the request, City staff determined that, as the associated business on-site, Christy’s Automotive, has operated at the location of the Subject Property since at least 1944, was previously zoned “B3 General Business District” up until sometime before 1972, before being re-zoned to R2 (Two Family Residence) District for reasons unknown, and as the City’s 2040 and 2030 Comprehensive Plans both outline the Subject Property for a commercial type land use, there is merit to re-zoning the Subject Property from R2 to C2 (Commerce) District.