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BZA asks for sales, towing and repair data on Falls Street property as part of use-variance review
Summary
Board members requested detailed documentation from the owner of a commercial property on Falls Street to evaluate a use-variance request, including data on towing operations, out‑of‑site repairs and sales attempts to separate the land from the business.
The Board of Zoning Appeals on Jan. 7 discussed information it wants regarding a use-variance request for a commercial property on Falls Street and asked staff to obtain additional documentation from the applicant.
At the meeting board members identified several items they want the owner to provide: the proportion of the property’s towing operations that result in vehicles being towed back to the Falls Street site versus towed elsewhere in the community; the number of auto repairs performed for outside customers (non‑fleet or non‑towing-related business); and documentation showing attempts to sell the property without the business attached, including market efforts such as MLS listings or arms-length offers.
Members said that, for a use variance, the applicant should demonstrate an inability to realize a reasonable return without the variance and that evidence of a bona fide effort to market the land separately from the business would be relevant. Several members also raised neighborhood concerns about noise and business hours; one suggested asking the applicant to show that hours and operations would be no noisier or would be quieter during reasonable business hours.
Staff noted the property is difficult to convey because of grandfathered uses and that the board may request sales price information and documentation of marketing efforts. No formal vote was taken; the board directed staff to request the specified materials before returning the matter for further consideration.
