Board of Adjustment Meeting - September 26, 2019

The Board of Adjustment met on September 26, 2019, to consider two public hearing items: a special use permit for a hookah cafe and a variance for a single-family group development. Both applications were approved after deliberation. A third agenda item (a tattoo establishment) was continued to the October meeting due to lack of a quorum.

Discussion Items

• Approval of Minutes: The minutes from the previous meeting were approved with a correction. The correction clarified that on page 7, Mr. Bullock made the motion and Ms. Evans seconded the findings of fact, and in the second sentence, Mrs. Bellis made the motion and Ms. Evans seconded the approval for the request. The minutes were approved as amended.

Public Hearings

• Special Use Permit for Hookah Cafe (Naj Jabbar): The applicant sought a special use permit to operate a hookah cafe at 3016 South Memorial Drive. Staff reported the property is .53 acres with an 1,800 sq. ft. commercial building, zoned CH (heavy commercial). Recommended conditions included no loitering or outdoor activities, no operation as a tobacco shop (Class 1 or 2), and no de facto nightclub. The applicant stated he would comply with all conditions, would not sell tobacco products, and would close by 10 p.m. (with possible later hours on weekends but would abide by any limit). No public opposition was expressed. Staff had no objection. The board voted unanimously to approve the request with the recommended conditions.
• Variance for Single-Family Group Development (Michael Baldwin): The applicant requested a variance from the 16-foot separation requirement between principal structures (Section 94-145) for three single-family units at 411 West Third Street. The units were built in 1940 and are 15'3" and 15'4" apart. Staff noted the property is in CD (downtown commercial) zoning, which has no minimum setbacks, but the multifamily regulations require 16-foot separation. The applicant argued that the buildings were constructed before the regulation, the renovation was done in good faith, and denial would cause unnecessary hardship. Some board members initially expressed concerns about precedent and the timing of the renovation. After further discussion and legal clarification on hardship criteria, the board voted 7-0 on each variance criterion (unnecessary hardship, unique circumstances, harmony with ordinance, public safety/welfare). The variance was approved with conditions requiring a site plan for common area and homeowner’s association documents to be recorded.

Key Outcomes

• Special Use Permit (Hookah Cafe): Approved unanimously with staff-recommended conditions.
• Variance (Michael Baldwin): Approved (7-0) with conditions; the board made findings that all four statutory criteria were met.
• Continuance: The third agenda item (a tattoo establishment application) was continued to the October meeting because only five voting members were present, insufficient for the required quorum of six. A motion to continue was passed unanimously.
• Adjournment: The meeting was adjourned after the continuance motion.