Applicant urges code changes for shipping‑container architecture; Board continues North 3rd Street case to June 18

An applicant seeking to keep a shipping container on a North 3rd Street property used the Board of Adjustments hearing Jan. 15 to describe a proposed set of Land Development Code text amendments and requested the board allow the code process to run rather than adjudicating a single variance.

City planning staff told the board the pending case should be continued to allow a code amendment to work its way through Planning Commission and City Council. “We’re requesting this item be continued to the June meeting to allow that process to play out,” a planning staff member said.

Applicant Joseph Heppakarian told the board he submitted four text amendments aimed at treating shipping‑container architecture explicitly in the code. He described requesting: a case‑by‑case consideration for historic parcels that fall outside dimensional standards; a waiver path for building‑height standards when a structure is a shipping container; fenestration waivers based on container orientation; and allowing properly maintained metal shipping containers subject to CBD design standards. “I’m still of the opinion that I think that we need to address shipping container architecture in its own code section,” Heppakarian said.

At least one member asked whether it would be appropriate for a quasi‑judicial board to endorse specific code language. A board member said the board’s decisions must be based on the record for each case, and staff reiterated that amendment language will undergo Planning Commission review and a council decision before returning to the board if needed. The board approved a motion to continue Item 1420 to the June 18 Board of Adjustment meeting.

The continuance preserves the applicant’s opportunity to pursue code amendments while deferring a variance decision until the amendment process is complete.