1

PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT

TO: Jefferson-Talmo Planning Commission DATE: March 29, 2021 SUBJECT: Variance to Article 2, “Definitions,” Section 2.2.5, “Terms

Related to Commercial Uses,” the definition of “cottage industry,” to increase the size allowed for a cottage industry from 1,500 square feet to 4,079 square feet

PUBLIC HEARINGS: April 5, 2021 (Jefferson-Talmo Planning Commission) April 12, 2021 (Jefferson Mayor and City Council) VOTING SESSION: April 26, 2021 (Jefferson Mayor and City Council) APPLICANT: Todd Dollar, dba Kuda Frames OWNER(S): MCAI Holdings, LLC LOCATION: Fronting on the east side of Washington Street (U.S.

Highway 129 Business) approximately 515 south of Storey Lane (1942 Washington Street) f

PARCEL #: 080/018E ACREAGE: 1.04 EXISTING LAND USE: Commercial building EXISTING ZONING: C-2, Highway Commercial SURROUNDING LAND USE/ZONING: NORTH: Undeveloped/conservation use (unincorporated) EAST: Commercial and undeveloped, C-2

SOUTH: Single-family dwelling (across U.S. Hwy. 129 Bus.), C-2 WEST: Single-family dwelling, R-2 RECOMMENDATION: Approval

V-21-03, Modification of Cottage Industry Definition, 1942 Washington Street

2

Tax Map/Aerial Photograph (surroundings)

SUMMARY OF REQUEST The applicant has a combination land use that involves the retail sale of furniture and also the fabrication/manufacturing of furniture (wood) utilizing a sawmill. The retail sale of furniture is allowed outright in the C-2 zoning district. However, a sawmill is only

V-21-03, Modification of Cottage Industry Definition, 1942 Washington Street

3

authorized in the light industrial zoning district. Therefore, the proposed use does not fit squarely into one zoning district. The subject use is very similar to a “cottage industry” which is defined in the land use management code as follows: “Cottage industry: An individually-owned craft shop that produces on the premises through handmade workmanship craft one or more goods for retail sale, such as candle-making, glass blowing, pottery making, weaving, woodworking, sculpting, and other similar or associated activities. A cottage industry has no more than 1,500 square feet of space and no more than five (5) employees.” A cottage industry is a permitted use in the C-2 zoning district. This use is considered the best fit, but a variance is needed because the applicant will utilize more building square footage than authorized by the definition. Therefore, a variance to the definition was considered the best fit to accommodate the proposed use within the C-2 zoning district.

VARIANCE CRITERIA One or more of the following conditions must exist, and findings made to that effect, in order to justify approval of a variance per Sec. 22.1.7 LUMC: Note: The Planning Commission and City Council may adopt the findings and determinations of staff as written (provided below), or it may modify them. The commission and council may cite one or more of these in their own determinations, as each body determines appropriate. They may modify the language provided here, as necessary, in articulating their own findings. Or, the commission and council can reject these findings and make their own determinations and findings for one or more of the criteria provided below. They do not need to address each and every criterion, but only those that are relevant to support its own determination.

1. There are extraordinary and exceptional conditions or practical difficulties pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district.

Staff finding: The size, shape, and topography do not have peculiar conditions that lend support to a variance request. (does not meet criterion)

2. A literal interpretation of the provisions of this ordinance would effectively deprive the applicant of rights commonly enjoyed by other properties of the district in which the property is located.

Staff finding: (does not meet criterion).

V-21-03, Modification of Cottage Industry Definition, 1942 Washington Street

4

3. Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant’s property is located.

Staff finding: (does not meet criterion).

4. The requested variance will be in harmony with the purpose and intent of this Land Use Management Code and will not be injurious to the neighborhood or to the general welfare.

Staff finding: There are times when a use does not fit squarely within the definitions and permitted uses of the land use management code. This is one of them. It is generally within the purpose of the land use code to attempt to accommodate all uses and to consider alternatives when part of a use is allowed in one district and another aspect of the use is only allowed in another zoning district. Property cannot usually be rezoned or placed in two different zoning districts at the same time; One could technically assign two zoning categories but this would wind up being awkward and problematic in the future if the use of the property changed. The proposed use, if permitted via this variance, will not be injurious to the neighborhood or to the general welfare (meets criterion).

5. The circumstances are not the result of the actions of the applicant. Staff finding: The applicant is not responsible for the writing of the land use management code in a way that requires two different zoning districts to accommodate the use (supports request).

6. The variance requested is the minimum variance that makes possible the proposed use of the land, building or structure in the use district proposed.

Staff finding: The variance is considered the minimum necessary to make the lawful use of the proposed use on the subject property. (supports request).

7. The variance shall not permit a use of land, buildings or structures, which is not permitted by right in the zoning district or overlay district involved.

Staff finding: Technically, the use as a cottage industry is permitted in the C-2 zoning district, but a modification of the definition is proposed which means it is not permitted outright in the zoning district (does not meet criterion). CONCLUSION The application meets a few of the criteria; therefore, staff recommends approval.

V-21-03, Modification of Cottage Industry Definition, 1942 Washington Street

5

V-21-03, Modification of Cottage Industry Definition, 1942 Washington Street

6

Concept plan: note: the drying kiln cannot be located in the front yard