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Request by Nick Carnahan of Galbraith Carnahan Architects on behalf of DAPK LLC for an interior landscaping code variance at 6330 W. North Avenue
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Submitted by:
Jennifer Stilling
Department:
Public Works (Engineering Division Services)
A. Issue
The applicant has requested that the Board consider a variance for the proposed interior vehicular use area landscaping (Code Reference 24.12.030).
B. Background/Options
Because the parking lot for this parcel is proposed to be restriped differently from the last approved parking lot plan from 2006, the perimeter and interior landscape requirements in Code Section 24.12 apply. The proposed redevelopment is meeting the required perimeter landscaping requirement.
Code section 24.12.030 states that at least 10% of the interior of vehicular use areas must be landscaped. In addition to the 10% landscape area, one shade tree is required per 180 square feet of required landscape area.
The proposed landscaping plan shows a vehicular use area of 3,409 square feet. Per the Code, 341 square feet should be included with two trees. The proposed plan does not provide any interior landscaping. Therefore, the request is for 100% deficiency for both the area and the required number of trees.
Per the zoning code, variances shall meet the following criteria.
1) Exceptional circumstances exist pertaining to the subject lot;
2) That the requested variance is necessary for the preservation and enjoyment of the property rights possessed by the other properties in the district and vicinity;
3) That the variance will not create special detriment to the adjacent property and not materially impair or be in contrary to the purpose and spirit of this ordinance or to the public interest; and
4) That the difficulty or hardship was not created by the property owner.
The applicant has provided a memorandum include in the agenda packet that provides variance justification based on the criteria listed above.
Previous variances to the landscape requirements have offered mitigation that is in proportion to the deficiency they are requesting relief from. For example, if the applicant is deficient by 4 trees, 4 trees are provided adjacent to the parking area that will shade the parking area and meet the intent of the code. This application does not offer any form of mitigation for the deficiencies.
According to the Zoning Code, for a new C1 zoned building of this size, a total of 24 parking spaces would be required. The previously approved 2006 site plan included 13 parking spaces
Based on the site plan that was included in the Conditional Use application for this proposed use, 8 parking spaces were to be provided and the plans currently show 8 parking spaces. The proposed redevelopment is not required to meet the same parking requirements as a new building because the proposal includes the re-use of an existing building.
The proposed parking lot is less than what was previously approved in 2006 due to the addition of perimeter landscaping along the west side of the parking lot, a loading dock for box truck deliveries at the southeast corner of the parking lot, and screened trash enclosures along the east side of the parking lot. Compliance with the interior landscaping code may further impact the number of parking stalls and/or the functionality of the parking lot, proposed loading dock, and proposed trash enclosures. If a reduction in parking spaces is required to meet landscaping code, either a parking variance would need to be applied for through the Board of Public Works or a new Conditional Use would be required.
C. Strategic Plan (Area of Focus)
Economic development and financial resilience.
D. Fiscal Impact
No fiscal impact to the City of Wauwatosa.
E. Recommendation
It is up to the Board to determine if the applicant has met the variance criteria based on the zoning code. It is staff’s opinion that approval of the variance could be granted because of the following reasons:
• Re-use of the existing building and parking lot limits the ability to include interior parking lot landscaping.
• The proposed parking lot count (8) is less than what zoning would require for a similarly sized new building (24) and the previously approved parking lot plan (13).