HomeMy WebLinkAboutResolution No. 198-14 • RESOLUTION
WHEREAS, Nicholas, LLC, applied for a variance (#R2014-001VAR) of 34 parking
spaces from the required number of parking spaces (87) as part of its application for Incentive
Development Preliminary Plan #R2014-004CUP for property located at 718, 724, 728, 806, and
810 West Center Street; and,
WHEREAS, the applicant is proposing 53 parking spaces due to the proximity to the
downtown, Mayo Clinic and Methodist Hospital. The applicant suspects that the market for the
proposed units will be to those who don't own vehicles. The applicant also speculates that it
makes sense logically to walk, bike or ride the bus to work, shop, and to the entertainment
areas of downtown. Based on the type of units proposed, the required number of parking
spaces is 87. The applicant is proposing 53 parking spaces. With the proposed parking there
will be .60 spaces per unit; and,
WHEREAS, the project is within 200 feet of the Downtown Parking Overlay Zone
(DPOZ). Using the standards of the DPOZ, the project would have the requirement of
providing 59 parking spaces since it is in close proximity to a public transit stop. The applicant
has stated that there will be a ZIPS-like car on site that the tenants would be able to rent.
However, even applying the standards of the DPOZ, the project is six parking spaces short of
the DPOZ standards of the Rochester Zoning Ordinance and Land Development Manual; and,
• WHEREAS, R.C.O. §60.417 provides the criteria by which a variance request is
analyzed; and,
WHEREAS, the Planning Department staff applied the criteria found in R.C.O. §60,417 to
the requested variance for the required number of parking spaces and made the following
findings of fact:
1. THERE ARE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES
SUCH AS IRREGULARITY, NARROWNESS, OR SHALLOWNESS OF
THE LOT OR EXCEPTIONAL TOPOGRAPHICAL OR PHYSICAL
CONDITIONS WHICH ARE PECULIAR TO THE PROPERTY AND DO
NOT APPLY TO OTHER LANDS WITHIN THE NEIGHBORHOOD OR
THE SAME CLASS OF ZONING DISTRICT: There would not appear to be
unique circumstances or conditions that apply to the applicant's property that do
not apply generally to other properties within the R-4 (High Density Residential)
Zoning District. Based on the location of the property outside of the DPOZ area
of downtown and the higher density of the proposed development a decrease in
the parking requirements would put a higher demand of parking on the public
streets in the immediate area and the neighborhood. The south side of West
Center Street is posted as "No Parking" along the front frontage of the property;
2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: There are not extraordinary conditions or
• circumstances that are due to circumstances unique to the property not
•
created by the landowner. The site could be redesigned to provide the
required number of parking spaces for the proposed apartment building
and the number of units could be reduced so that the parking
requirements are met;
3. THE VARIANCE IS NECESSARY TO OVERCOME PRACTICAL
DIFFICULTIES IN COMPLYING WITH THE ZONING ORDINANCE SO
THAT THE PROPERTY CAN BE USED IN A REASONABLE MANNER
NOT PERMITTED BY THE ORDINANCE: The granting of this variance
would not appear to be necessary to allow for reasonable use of the
applicant's property. The number of units could be reduced to lessen the
need for a variance and the site redesigned to provide the required
number of parking spaces;
4. THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR MATERIALLY INJURIOUS TO OTHER
PROPERTY IN THE AREA AND WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE LOCALITY: The granting of this variance request
would be substantially detrimental to the adjacent property owners
because it will force additional parking on the adjacent public streets and
the neighborhood. The south side of West Center Street is posted as "No
Parking" along the front frontage of the property;
• 5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The granting of this variance would be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance because the number of units could be reduced to lessen the
need for a variance and the site redesigned to provide the required
number of parking spaces and a variance potentially would not be
needed;
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The R-4 (High Density Residential) Zoning
District is not consistent with the Comprehensive Plan, however, the
Zoning District Map identifies the property for Medium and High Density
Residential; and,
WHEREAS, the Applicant applied the criteria found in R.C.O. §60.417 to the requested
variance for the required number of parking spaces and proposed the following findings of fact:
1. THERE ARE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES,
SUCH AS IRREGULARITY NARROWNESS OR SHALLOWNESS OF
THE LOT OR EXCEPTIONAL TOPOGRAPHICAL OR PHYSICAL
CONDITIONS WHICH ARE PECULIAR TO THE PROPERTY AND DO
NOT APPLY TO OTHER LANDS WITHIN THE NEIGHBORHOOD OR
THE SAME CLASS OF ZONING DISTRICT: The extraordinary
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• circumstances for this project is the topographic difference between the lots
on First Street S.W., and the property, and the irregular shape of the back
lot line. Management of the storm water is also a factor because the lack of
capacity of the storm sewer requires more on-site storage. This storage
takes up room in the form of rain gardens and swales. It is because of
these reasons that it is not possible to add additional parking spaces on the
site. The physical location of this project is less than 200 feet away from
the Downtown Parking Overlay Zone. We exceed those parking standards.
We also abut the Richard and Raymond Apartments for which a similar
parking variance was granted;
2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: The existing topography in the area and the lack of
capacity in the existing storm sewer are both unique to the property and not
created by the landowner. The very close proximity to the Downtown
Parking Overlay Zone, as noted above, and the Kutzky Park Neighborhood
Association's support for less parking a more urban development are also
extraordinary circumstances unique to this property;
3. THE VARIANCE IS NECESSARY TO OVERCOME PRACTICAL
DIFFICULTIES IN COMPLYING WITH THE ZONING ORDINANCE SO
• THAT THE PROPERTY CAN BE USED IN A REASONABLE MANNER
NOT PERMITTED BY THE ORDINANCE: This variance is necessary to
overcome the practical difficulties with complying with the ordinance. The
reduced parking is necessary for creating a dense, urban apartment
building that fits in with the existing fabric of the surrounding neighborhood.
The reason it fits is because the reduction in parking allows for the unit
entrances to be placed near the street and the creation of the courtyard to
provide open space for the residents and neighbors. Project amenities
requested by the neighborhood such as all brick exterior, no surface
parking, and relocation of the Kutzky House are expensive and require
higher density to justify economically, thereby requiring the need to apply for
a parking variance;
4. THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR MATERIALLY INJURIOUS TO OTHER_
PROPERTY IN THE AREA, AND WILL NOT ALTER THE ESSENTIAL
CHARACTER OF THE LOCALITY: This variance will not be materially
detrimental to the public welfare because there will be adequate number of
parking spaces for residents under the building and on the street. The
developer has also secured a lease for seven parking spaces in the
adjacent St. John's parking lot. This is an underutilized parking lot and
leasing spaces from them is supporting good urban design principles as
mentioned in the Rochester Downtown Master Plan. Because of its
location (just a few blocks from Mayo and downtown), a high number of
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residents will not own cars;
5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The variance is in harmony with the intent
of the ordinance because it is diminishing the importance of the car and its
storage. Infill projects adjacent to the downtown are more urban and
walkable, and the Incentive Development process is a tool within the
ordinance to allow projects to fit into the fabric of these older
neighborhoods. This site is less than 200 feet from the Downtown Parking
Overlay Zone and, if this project were inside that zone, we would exceed
that ordinance. The City Planning and Zoning Commission (CPZC), last
week, approved the Kutzky Park Place apartments parking variance. That
project is five to six blocks outside of the Downtown Parking Overlay Zone,
The CPZC also initiated a process with the Planning Department staff to
look at eliminating the variance requirements for parking In incentive
developments in the core neighborhoods and create a Type II Design
Modification; and,
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The variance request is consistent with the
City's Comprehensive Plan because it promotes higher density and
walkable development in the core neighborhoods surrounding downtown.
• In 2006, the Kutzky Park Neighborhood Association amended the Land Use
Plan. That amendment supports higher density developments that
discourage excess parking and promotes walking, biking, and transit use;
and,
WHEREAS, this matter came before the Planning and Zoning Commission at its April 9,
2014, meeting at which time the Commission recommended the denial of the requested
variances based upon the following findings of fact:
1. THERE ARE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES
SUCH AS IRREGULARITY NARROWNESS, OR SHALLOWNESS OF
THE LOT OR EXCEPTIONAL TOPOGRAPHICAL OR PHYSICAL
CONDITIONS WHICH ARE PECULIAR TO THE PROPERTY AND DO
NOT APPLY TO OTHER LANDS WITHIN THE NEIGHBORHOOD OR
THE SAME CLASS OF ZONING DISTRICT: There would not appear to
be unique circumstances or conditions that apply to the applicant's
property that do not apply generally to other properties within the R-4
(High Density Residential) Zoning District. Based on the location of the
property outside of the DPOZ area of downtown and the higher density of
the proposed development a decrease in the parking requirements would
put a higher demand of parking on the public streets in the immediate
area and the neighborhood. The south side of West Center Street is
posted as "No Parking" along the front frontage of the property;
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2. THE EXTRAORDINARY CONDITIONS OR CIRCUMSTANCES ARE DUE
TO CIRCUMSTANCES UNIQUE TO THE PROPERTY NOT CREATED BY
THE LANDOWNER: There are not extraordinary conditions or
circumstances that are due to circumstances unique to the property not
created by the landowner. The site could be redesigned to provide the
required number of parking spaces for the proposed apartment building
and the number of units could be reduced so that the parking
requirements are met;
3. THE VARIANCE IS NECESSARY TO OVERCOME PRACTICAL
DIFFICULTIES IN COMPLYING WITH THE ZONING ORDINANCE SO
THAT THE PROPERTY CAN BE USED IN A REASONABLE MANNER
NOT PERMITTED BY THE ORDINANCE: The granting of this variance
would not appear to be necessary to allow for reasonable use of the
applicant's property. The number of units could be reduced to lessen the
need for a variance and the site redesigned to provide the required
number of parking spaces;
4. THE VARIANCE WILL NOT BE MATERIALLY DETRIMENTAL TO THE
PUBLIC WELFARE OR MATERIALLY INJURIOUS TO OTHER
PROPERTY IN THE AREA, AND WILL NOT ALTER THE ESSENTIAL
• CHARACTER OF THE LOCALITY: The granting of this variance request
would be substantially detrimental to the adjacent property owners
because it will force additional parking on the adjacent public streets and
the neighborhood. The south side of West Center Street is posted as "No
Parking" along the front frontage of the property;
5. THE VARIANCE IS IN HARMONY WITH THE GENERAL PURPOSE AND
INTENT OF THIS ORDINANCE: The granting of this variance would be
detrimental to the intent and purpose of the City of Rochester Zoning
Ordinance because the number of units could be reduced to lessen the
need for a variance and the site redesigned to provide the required
number of parking spaces and a variance potentially would not be
needed; and,
6. THE TERMS OF THE VARIANCE ARE CONSISTENT WITH THE
COMPREHENSIVE PLAN: The R-4 (High Density Residential) Zoning
District is not consistent with the Comprehensive Plan, however, the
Zoning District Map identifies the property for Medium and High Density
Residential; and,
WHEREAS, this matter came before the Common Council at its May 5, 2014, meeting;
and,
WHEREAS, this matter was continued to the May 19, 2014, council meeting; and,
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•
WHEREAS, at its May 19th public meeting, the Council concluded that the Applicant's
recommended findings of fact were persuasive and were supported, by the information
presented to the Council. As such, the Applicant had satisfied the criteria of R.C.O. §60.417 and
was, therefore, entitled to the variance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City approve the request of Nicholas, LLC, for a variance (#R2014-001VAR)
of 34 parking spaces from the required number of parking spaces (87) as part of its application
for Incentive Development Preliminary Plan #R2014-004CUP for property located at 718, 724,
728, 806, and 810 West Center Street.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY , 2014.
PRESIDENT F SAID COMMON COUNCIL
ATTEST: -'r /'�� �� !�:�....
CITY CLERK
• APPROVED THIS DAY OF , 2014.
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MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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