TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
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Ordinance Approving a Special Use Permit to Allow an Automotive Repair Business, Located at 206 S. Boulder Avenue (ZBA 2024-53)
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BACKGROUND:
The petitioner and business owner, Kamil Szajnowski, is requesting approval of a special use permit to allow an automotive repair business for T & K Auto, LLC at 206 S. Boulder Avenue. T & K Auto will perform general auto repair and maintenance and will have one additional employee besides the petitioner. The business would operate as a public garage with the proposed hours of Monday through Friday 7 AM to 4 PM. Vehicles would be scheduled for service by appointment only, though the petitioner may allow some walk-in customers in the future.
The 4,200-square-foot subject property is zoned I-1 (light industrial) and located on the east side of Boulder Avenue just south of Second Avenue. In this area, Boulder Avenue has industrial zoning and uses on its east side and residential properties on its west side. The site contains a 1,600-square-foot building that has been used for auto body and repair facilities since it was constructed around 1980. The interior of the building contains open workspace for at least two vehicles. Outdoor parking is limited, with one space available in front of the building and several spaces behind the building. The rear parking area would not be open to the public but would be used by the petitioner to store additional vehicles awaiting service. The front, side, and rear yards surrounding the building, which are currently gravel, will be paved as a condition of approval.
At their meeting on November 21, 2024, the Zoning Board of Appeals approved a variation to allow an automotive repair business within 100 feet of a residential zoning district (Petition 2024-54). The loading door facing Boulder Avenue is approximately 65 feet from the property line of the residential properties across the street.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on November 21, 2024. Mr.Szajnowski represented the petition. No one appeared or submitted comments in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Bob Nachtrieb moved that the Zoning Board of Appeals recommend approval of the Special Use Permit request to allow an automotive repair business at 206 S. Boulder Avenue, subject to the following conditions:
1. That all service and repairs shall be performed within the building;
2. That all gravel areas used for parking or driveways shall be paved within 120 days of ordinance approval;
3. That inoperable vehicles shall not be stored outdoors for longer than 7 days;
4. That access to the rear of the site from the adjacent property at 208 S. Boulder Avenue shall be provided and shall remain into the future;
5. That a City business license shall be obtained;
6. That the Special Use granted shall herein terminate and lapse unless a building permit or certificate of occupancy is obtained not later than 180 days of the effective date of this ordinance and the erection or alteration of a building is started or the use is commenced within such period. The Board may grant an extension of this period, valid for no more than one hundred and eighty (180) additional days, upon written application and good cause shown without notice or hearing. Whether or not there is an intention to abandon the Special Use, if any special use is discontinued for a continuous period of one year, or if an intent to abandon the Special Use is evident in a shorter period of time, the Special Use for such use shall become void, and such use shall not thereafter be reestablished unless a new Special Use Permit is obtained; and
7. Should the property be declared a public nuisance, it shall be subject to a rehearing and a possible revocation of the Special Use Permit.
Brigette Roehr seconded the motion, which passed with five (5) aye votes and one (1) nay vote. Voting aye were: Hennessy, Nachtrieb, Bias, Roehr, and Riggs. Voting nay were: Radakovitch.
RECOMMENDATION:
recommendation
Staff concur with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt an Ordinance approving the Special Use Permit to allow an automotive repair business at 206 S. Boulder Avenue, subject to the same conditions approved by the Zoning Board of Appeals above.
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