TO: Mayor and City Council
FROM: Dustin Anderson, Director of Community Development
SUBJECT:
title
Ordinance Approving a Variation of Use to Allow a Wholesale Business, a B-3 (General Business) Use, in the B-1 (Neighborhood Business) Zoning District, Located at 470 S. Hammes Avenue (ZBA 2025-08)
end
BACKGROUND:
The petitioner and property owner, Michael Collins, is requesting approval of a variation of use to allow a commercial lighting wholesale business at 470 S. Hammes Avenue, which is zoned B-1 (neighborhood business). Wholesale businesses are permitted in the B-3 (general business) district.
The subject property was developed with a 6,400-square-foot commercial warehouse in 1995 and has contained wholesale and manufacturing uses since then. The site was annexed in 1970 as part of the 34 acres at the southeast corner of McDonough Street and Hammes Avenue, which was all classified to B-3 (general business) zoning except for the 200-foot by 600-foot section at the corner, which was classified to B-1 (neighborhood business) zoning due to the existing church campus to the west across Hammes Avenue. The area was not developed until the 1990s, when it was subdivided into commercial lots as part of the Oak Leaf Center Subdivision and developed to B-3 (general business) standards.
The proposed business, LightingX, sells commercial indoor and outdoor lighting products, has two employees, and will operate Monday through Friday from approximately 9 AM to 5 PM. The building interior contains offices, reception, restrooms, and a large storage area. The building has one loading dock on the south end and an adjacent asphalt parking lot with ten spaces. The proposed use will be in character with other uses in the surrounding commercial subdivision, which include contractor, wholesale, and vehicle repair businesses.
ZONING BOARD OF APPEALS PUBLIC HEARING:
The Zoning Board of Appeals held a public hearing on this matter on April 17, 2025. Michael Collins, petitioner with Sharp Property Solutions, represented the petition. No one spoke or submitted comments in favor of or in opposition to the petition. Meeting minutes are attached.
RECOMMENDATION OF THE ZONING BOARD OF APPEALS:
Ralph Bias moved that the Zoning Board of Appeals recommend approval of the Variation of Use to allow a wholesale business, a B-3 (general business) use, in the B-1 (neighborhood business) zoning district, located at 470 S. Hammes Avenue, subject to the following conditions:
1. That the use of the property shall not be expanded in the future;
2. Should the property be declared a public nuisance, the property may be subject to a rehearing and a possible revocation of the Variation of Use.
Jesse Stiff seconded the motion, which passed with six (6) aye votes and no nay votes. Voting aye were: Nachtrieb, Bias, Roehr, Riggs, Radakovich, and Stiff. Voting nay were: none. Absent were: Hennessy.
RECOMMENDATION:
recommendation
Staff concurs with the recommendation of the Zoning Board of Appeals and recommends that the Mayor and City Council adopt the following, subject to the same conditions approved by the Zoning Board of Appeals above:
1. Ordinance Approving a Variation of Use to Allow a Wholesale Business, a B-3 (General Business) Use, in the B-1 (Neighborhood Business) Zoning District, Located at 470 S. Hammes Avenue
end