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Packet 1.27.25
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Packet 1.27.25
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CUP No. 2019-19-MOD-1 & VAR No. 2019-2-MOD-1 – 360 Adult Day Care (1800 North <br />Bush Street) <br />January 27, 2025 <br />Page 5 <br />4 <br />7 <br />5 <br />8 <br />being. These activities such as chair exercises, puzzles, games, and arts and crafts are <br />conducted entirely within the first floor of the facility and are carefully managed to maintain <br />a calm and supportive environment. Therefore, the proposed modification would provide <br />services to additional individuals in need but maintain harmony with the surrounding <br />neighborhood. <br />Variance <br />To address the additional staff members and the proposed change of use on the second- <br />floor (professional office to medical office), the Applicant is requesting a modification to <br />the previously approved variance. Variance modifications may be granted when it can be <br />demonstrated that the findings at Section 41-638(a)(2)(i0)-(iv) can be met, including, but <br />not limited to, the finding that because of special circumstances applicable to the property <br />such as its size, shape, or topography, location or surroundings, the strict application of <br />the zoning ordinance deprives the subject property of privileges not otherwise at variance <br />with the intent and purposes of the provisions of Chapter 41. If the findings at Section 41- <br />638(a)(2)(i)-(iv) can be made, it is appropriate to grant the modification to the variance; <br />otherwise, the request must be denied. <br />As previously described, the commercial space occupied by the adult day care center can <br />physically accommodate additional participants, as the maximum occupancy permitted <br />by the Building Code is 199 occupants. However, the limited size of the site restricts the <br />available parking for the combined mix-of-uses, creating a unique challenge that the <br />requested variance modification seeks to address. Importantly, the coexistence of these <br />uses is not anticipated to negatively impact the community for several reasons. <br />First, the second floor is currently vacant apart from a small medical office that supports <br />the operations of the adult day care center. Should the property owner, who also operates <br />the adult day care center, decide to lease the additional tenant spaces on the second <br />floor, the proposed variance would allow flexibility to lease to either professional or <br />medical offices, both of which are permissible in the respective zoning district. This <br />flexibility benefits both the current and any potential future owners of the property. <br />Additionally, medical offices traditionally operate by appointment only, which mitigates the <br />risk of an influx of visitors and minimizes parking demand at any given time. <br />Second, strict application of the zoning code would limit the property’s ability to serve <br />additional members of the community in need, particularly when the building and state <br />licensing already allow an adult day center of similar operation to accommodate additional <br />individuals on other sites Citywide. As part of this review, updated information regarding <br />the assembly area, second-floor area, and on-site parking was provided. Specifically, the <br />total floor area of the assembly space is 4,000 square feet, while the total office area <br />proposed for change of use to medical office space is 2,940 square feet. These updated <br />
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