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BZA denies request to restart auto‑repair at 603–605 S Broadway, citing zoning nonconformance
Summary
The Board denied a use variance that would have allowed motor vehicle repair at 603–605 S Broadway in the Transitional district, concluding the application did not meet variance standards and citing historical violations and incompatibility with surrounding residential and park uses.
The Board of Zoning Appeals denied a use variance application from Gregory Myers to operate motor vehicle repair at 603–605 S Broadway Street, within the T (Transitional) zoning district. Planning staff (Cameron Goschinski) recommended denial, citing historical violations, expansion of on‑site operation without proper permits, and incompatibility with adjacent residential properties and the nearby Burkham Center Park.
Applicant counsel Konrad Kuczak argued the site should be treated as a legal nonconforming use and provided exhibits, noting that a Certificate of Occupancy was previously issued. The transcript records two different dates referenced during testimony: counsel first said a Certificate of Occupancy was issued in 1991 and later referenced January 1995. Zoning Administrator Krysten French clarified zoning procedure: building Certificates of Occupancy do not expire by themselves, while a zoning Certificate of Occupancy may be voided after 184 days of voluntary discontinuance; she also noted the August 2024 violation notice and on‑site changes that require zoning review.
Board members questioned why the applicant had not engaged City staff before purchasing the property and concluded there was sufficient unaddressed noncompliance and inadequate justification to grant the variances. The motion to deny (moved by Chris Lewis; seconded by Jacquelyne Patterson) carried. Recorded votes: Tim Bement Yes; Joe Shaw Yes; Diana Graham Yes; Jacquelyne Patterson Yes; Patrick Martin Abstained; Joe Craig Yes; Chris Lewis Yes.
The denial requires the applicant either to pursue alternative administrative routes, address violations and reapply, or cease the proposed use in this zoning district.
