Downtown Nichols proposal raises parking and zoning-definition questions

Planning staff described a variance request involving the Nichols hardware/store and adjacent cafe building that would reconfigure existing space to add apartments above commercial uses. Staff said the legal question is whether the change is a permitted residential use (an 'apartment dwelling') or a bulk/unit-count variance.

Staff noted that downtown 21st Street buildings are sometimes exempt from standard parking requirements because they are existing structures, and that Nichols had proposed dedicating parking spaces if needed. "I appreciate the commitment of 14 spots," one commissioner said while examining the parking plan. Several commissioners said a single parking space per unit is likely too low for this suburban downtown and asked staff to request a parking study or to apply county/Institute of Transportation Engineers (ITE) ratios to justify a lower ratio.

Commissioners also flagged infrastructure questions. The chair asked staff to check water and sewer capacity and to clarify whether fire suppression was required in the plans. Staff said parking assignment via easement could be considered by the BZA but the BZA must also evaluate whether the claimed hardship for a variance is unique or could be applied broadly.

The commission did not approve the variance; instead, it asked staff to draft comments for the BZA and to assemble clarifying materials on parking, utilities and whether the proposal triggers a rezoning or interpretation of the apartment definition.