Board of Adjustment denies variance request for 608 South Main Street

The Board of Adjustment voted to deny a variance application for 608 South Main Street after planning staff told members the proposal would change the property's permitted use and the applicant had not established a required hardship.

Planning staff summarized the application as seeking to use the property for manufacturing beehive boxes with a CNC router, retail sales of finished boxes (and possible future honey sales), exterior storage of the boxes, and vehicle-and-trailer storage for rented parking space. Planning staff told the board those activities are “not permitted in the business zone” and recommended denial. “No such variance can be permitted under the city's zoning ordinances,” the planning staff member said, citing the city code provision that variances cannot change use regulations.

The staff memo referenced Chapter 9 for the general-business zone description and Chapter 18.02(B) for the board of adjustment's authority. Staff highlighted that an applicant must show an unnecessary hardship that is not financial or self-imposed and said no extraordinary circumstances had been demonstrated. Staff also described the construction and storage aspects as light manufacturing and vehicle storage, which the memo said are incompatible with the General Business district.

During public comment and discussion, the applicant (identified in the hearing as Mitch) challenged the process and raised selective-enforcement concerns, accusing other property owners of similar uses. Mitch said he would consider legal action if the variance were denied, stating, “I can file legal challenge against this,” and later, “I will seek sworn statements from whoever wants to make [one].” Planning staff and commissioners urged limiting further discussion to the motion and formal action.

A commissioner moved to deny the variance; another commissioner seconded. The board called the question, the vote was taken by voice (“Aye”), and the motion carried. The transcript does not record a roll-call tally or list of individual votes.

The board clarified that the denial applies to the proposed exterior storage and light-industrial uses described in the application and does not affect other lawful business uses at the address that conform to the zoning district. One business owner in the audience asked whether the decision required them to vacate the property; a commissioner replied that the action addressed the variance for the described uses at 608 South Main Street and did not direct removal of unrelated lawful operations.

The Board of Adjustment adjourned and the meeting moved to the Planning Commission agenda.