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Board conditions Mercantile Drive variance on use limits and delivery caps
Summary
The board approved a variance for 2735–2737 Mercantile Drive on the condition that the space remain for storage/staging for the current tenant and that deliveries be limited to five times per day to prevent a shift to distribution use.
Joe Kelley, sworn, told the Board of Adjustment that the unit at 2735–2737 Mercantile Drive lacks designated parking and that an existing tenant wants to expand into the space. Planning staff reviewed relevant code sections and suggested potential conditions. During questioning, board members explored whether a condition tying the space to the current tenant could limit future changes of use.
The city attorney indicated a condition limiting the space to staging only would be permissible. Vice-Chair Don Keeling moved to approve the variance with a condition that the current use be maintained for storage of household furniture and similar items and that delivery and pickup activity be limited to no more than five times per day to ensure the site does not become a distribution center; Kristan McDaniels seconded and the motion carried. The board then directed staff to prepare findings of fact and conclusions of law.
