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Conditional Use Permit No. 2006-20 Variance No. 2006-13 September 14, 2009 Page 3 Landscaping Variance In conjunction with the conditional use permit application, the applicant is requesting a variance for a reduction in landscaped setbacks along both Seventeenth and Bush Streets and for a reduction in required parking lot landscaping. The Bush Street Professional District of the Midtown Specific Plan requires a 15-foot wide setback on Seventeenth Street and a 20-foot wide setback on Bush Street. Further, the Commercial Development Standards require one landscape planter for every 10 parking stalls. The applicant is proposing to maintain the existing five-foot setback on both Seventeenth and Bush Streets and not incorporate new landscaping within the parking lot. The parking lot was originally constructed without landscaped setbacks, which enabled the property owner to have approximately 51 parking spaces. These spaces were then used by the tenants of the 1666 North Main Street building, which was also owned by the previous property owner. As proposed, the project results in the reduction of six parking spaces from the existing lot. If constructed to the required setback dimensions, the number of available parking stalls would be reduced by approximately nine additional parking spaces, for a total reduction of 15 spaces. The applicant has indicated that the property was sold to 5 Goodyear LLC with the obligation for a minimum of 45 spaces on the parking lot, with a further reduction potentially placing Caribou Industries in breach of this sales agreement. Further, the property owner, 5 Goodyear LLC, required Caribou to apply for and obtain the permits necessary to legalize the lot. The applicant has indicated that this proposal retains 45 spaces while at the same time legalizing the use and bringing the site into closer compliance. Although the applicant's existing contractual obligation is important for a full understanding of his proposal, it is not adequate to substantiate the variance request. To that end, staff performed an analysis of the prevailing setbacks in the area as they relate to the provisions of the Mid-Town Specific Plan. Staff found that several structures adjacent to the site have prevailing setbacks that are less than required by the SP-3 zoning. The structures located on Seventeenth Street that are situated east and west of the project site have a setback that ranges from zero to three feet. Further, the residential structure located south of the site has a 10-foot landscaped setback. The parking lot is located in an existing urban setting that has narrower landscape edges. Setbacks that range from 15 to 20 feet are typical of a suburban development in a suburban setting; however, a 75D-7