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ZBA signals high bar for 6‑unit use variance at 100 North Hamilton; applicant told to provide financial hardship evidence
Summary
An applicant seeking a use variance to build six rental units at 100 North Hamilton was told at the May 13 Zoning Board meeting that the new zoning code makes a use variance a difficult standard to clear. The board asked for a block‑level land‑use survey and formal financial hardship documentation before the next hearing.
The Zoning Board of Appeals on May 13 heard an initial presentation for a proposed six‑unit multiple dwelling at 100 North Hamilton Street and told the applicant a use variance under the city’s new zoning code will be difficult without stronger justification.
Engineer Mike Duvall told the board the existing property contains a former commercial structure and the project would demolish that building and construct six two‑bedroom units. He said the site is tight, with room for roughly three on‑site parking spaces, and that a municipal lot sits about 400 to 450 feet to the south; the applicant indicated they would pursue a parking waiver if needed.
Board members explained two requirements they will expect before considering a use variance: (1) a block‑level inventory showing the existing context of unit counts and uses in the surrounding one‑to‑two block area, and (2) a financial hardship demonstration showing that permitted uses (for example a one‑ or two‑family building) would not be financially feasible. A board member summarized: “When we're looking at a use variance, there's got to be a demonstration of financial hardship.”
The board also noted the recent comprehensive zoning rewrite and said granting a use variance immediately after that change is “not gonna be an easy thing to do.” The applicant said a Phase I environmental screening will be performed and the developer has not committed to walking away if remediation is required.
The board opened the public hearing and, after no speakers appeared, adjourned the application and hearing to the June 10 meeting to allow the applicant to supply the inventory, the financial analysis from a professional, and the Phase I environmental results. No vote on the use or area variances occurred on May 13.
