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March 27, 1996 Plan Commission Meeting Minutes Page 4 Chairperson Solodar called on Planning Director Al Goldman to provide the staff report. Mr. Goldman stated the City plans to build a parking garage on the site of a public parking lot which now accommodates 38 parking stalls. The proposed structure will provide 140 parking spaces and approximately 6000 square feet of first floor retail space facing Delmar. The parking garage will provide much needed additional parking in the area and the new store spaces will replace most of the "dead" parking lot frontage on Delmar. Because of construction requirements, it is planned to have only 2.5 foot wide side yards along the east and west property lines. Sections 34-36.6,c. requires the building be located at the property line or that it have side yards of at least five feet in width. The architects believe they can design the side yards to provide adequate space for maintenance despite the reduced yard width. Approval for this reduction can only be given by the Board of Adjustment. Section 34-36.6,c also requires a 15 foot right-of-way setback from Delmar. However in this situation, the City Council has the express authority to waive the setback requirement as part of the conditional use permit process. He finds that the proposed conditional use will meet the standards for approval as set out in Zoning Code Section 34-65 if the conditional use is limited by the conditions listed below. Accordingly, he recommends approval subject to the following conditions: 1) Sideyards shall comply with Zoning Code Section 34-36.6,c unless otherwise approved by the Board of Adjustment. 2) The right-of-way setback requirement shall be waived. 3) Signs shall be installed and maintained in accordance with the requirements of the Zoning Code. Chairperson Solodar opened the public hearing and asked for testimony from the public. Joe Edwards, 6504 Delmar, owner of Blueberry Hill and the Tivoli Theater stated that more parking is needed and he thinks the proposal will benefit the area. John Hoenig, owner of 6315/17 Delmar, asked how many parking spaces the structure will contain. Mr. Goldman stated that there will be 120 open to the public and 25 for private use. Mr. Kahn asked how much lighting will be provided for the structure. Mr. Ollendorff stated that the city wants it to appear bright and safe. The estimate for lighting installation exceeds $30,000. Ms. Peniston asked if the lights will be durable. Mr. Ollendorff replied that the lights will have tough plastic recessed covers. Ms. Ratner asked if the structure will be open 24 hours per day. Mr. Ollendorff stated that although specific hours have not been set, some of the parking will probably close at midnight or 1:00 a.m. Ms. Ratner asked if the lights would be on all night. Mr. Ollendorff replied that at least some lighting will be on all night. Ms. Ratner asked if the structure would be patrolled by police. Mr. Ollendorff replied that the garage will be part of the regular route of both foot and car patrol officers. Ms. Ratner stated she wants the following condition added: Lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residential district. The Plan Commission determined that the evidence presented to the Plan Commission supports the conclusion that the proposed conditional use: a) Complies with all applicable provisions of the Zoning Code; b) At the specific location will contribute to and promote the community welfare or convenience; c) Will not cause substantial injury to the value of neighboring property; d) Complies m-3-27.plc