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BMZA declines parking‑lot application for 2033 Eastern Ave while vacant‑building notice remains
Summary
The board determined a pending Vacant Building Notice made the conditional‑use application for a parking lot premature and denied the appeal; the applicant was told they may reapply after the VBN is remedied or seek a postponement to resolve outstanding violations.
An application to convert a former drive‑through at 2033 Eastern Avenue into a principal‑use parking lot was considered on Oct. 21 but the Board of Municipal and Zoning Appeals declined to approve the conditional use because of an outstanding Vacant Building Notice on the parcel.
Planning flagged standards in Section 14‑3‑31 and noted that a parking lot as a principal use has restrictions on structures allowed within the lot (no buildings other than shelters, 10 ft height/200 sq ft max). Counsel for the applicant argued the existing vacant structures would not be constructed, reconstructed or moved and that processing had already occurred, but debate focused on whether the open VBN legally precluded board approval (code sections cited in discussion included 5310 and 5410). The chair concluded the application had been filed prematurely while the VBN was active and denied the appeal; staff and counsel discussed options to remedy notice, to postpone to allow remediation, or to refile when the notice is resolved.
The board left the door open to a future filing once the vacant‑building violations are remedied and said applicants could seek a postponement or credit for fees if processing must be reinitiated.
