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Commission approves variance for garage and grants conditional-use permit for art gallery at 603 Deermont with a three-year term
Summary
After extended public testimony, the planning commission approved a variance allowing an existing garage to remain in a rear-yard setback and granted a conditional use permit to operate an art gallery at 603 Deermont Street, adding a three-year time limit to the permit following neighbors' objections.
The commission granted a variance and a conditional use permit March 11 for 603 Deermont Street after lengthy public testimony from longtime neighbors. The variance allows the existing detached garage (built by a previous owner) to remain despite an encroachment of roughly 10–11 feet into the rear-yard setback; staff said bringing the structure into compliance would require alterations estimated to exceed $10,000. The variance was approved on staff recommendation.
Separately, the commission considered a perpetual conditional use permit for an art gallery to operate within that same garage. The property owner requested a perpetual permit for an art gallery (retail limited to art on display in the gallery). Multiple neighbors submitted oral testimony opposing a gallery at that location, citing pedestrian congestion near Triangle Park, the Totem Heritage Center parking lot, and proximity to other commercial operations (taxi company and a mortuary). Those residents said the site’s heavy tourist and vehicle flows raise concerns about safety and neighborhood character.
Commissioners debated whether to limit the permit’s duration. After discussion the commission amended the conditional use permit to impose a three-year limit, citing neighborhood concerns and the chance to review operations if problems develop. The amendment to limit the CUP to three years passed on roll call (6–1). The amended CUP then passed on roll call vote and the variance for the garage also passed. Staff noted standard enforcement and nuisance remedies remain available should the use create unacceptable impacts.
Applicant representatives said the gallery will primarily display work produced by the applicant’s son and family, and that the business expects most customers will be pedestrians visiting the Totem Heritage Center area. Neighbors maintained their objections, arguing that even a small retail use could exacerbate congestion and compete for pedestrian time near the Heritage Center.
The commission’s action allows the gallery to operate with a three-year review window, and the variance enables continued use of the existing accessory structure. The commission and staff reminded neighbors that code enforcement and nuisance processes are available if impacts emerge.
