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Applicant converts variance request to five-year conditional use; board approves multifamily use at 846 Martin Street
Summary
An applicant seeking a variance to allow three multifamily units at 846 Martin Street amended the application to a conditional use permit for five years after legal staff said amendment was allowable; the Board approved the five-year conditional use.
The Board of Zoning Appeals on July 14 approved a five-year conditional use permit for a three-unit multifamily building at 846 Martin Street after the applicant amended a pending variance-of-use application to a conditional-use request.
Alex Hammock, representing Chandler Properties LLC, told the board the building — a converted former church at 846 Martin Street (previously addressed as 1805 Orchard Street) — was rehabilitated into three rental units with permits and 9-1-1 addresses, and that the owner wants permanent permission to continue multifamily use. Hammock said the applicant had sold the property and sought certainty for the buyer: “It would be hard for the owner to invest in a building, especially a multifamily unit, if there was a chance that a conditional a conditional permit could be denied,” he said, explaining why the team initially sought a variance of use.
Several board members and other participants discussed the legal and policy differences between a variance of use (which runs with the land) and a conditional use permit (which can be conditioned or time-limited). Some board members said a variance of use could be used to effect what amounts to spot rezoning and preferred a longer-term conditional use as a means to give neighbors and the city remedies if problems arise.
Legal counsel advised the board that it was permissible for the applicant to amend the application from a variance of use to a conditional use before a final vote. The applicant amended the application in open session and requested a five-year conditional use term. The board then applied its prior findings and approved the conditional use for five years on roll call: Carl Eaglin — yes; Nancy Burkhart — yes; Mark Acosta — yes; Rick Farris — yes; Scott Baldwin — yes.
Staff noted the property is zoned R-8 and that lot size constrained how units were arranged; the board and staff agreed the conditional-use vehicle was appropriate in this circumstance and that conditions and monitoring could be used instead of permanently granting a variance of use. The applicant was told to coordinate with staff for any recordation of the permit and to follow building inspection requirements as needed.
