Agenda tem No.: 17.

AGENDA SUMMARY PAGE - PLANNING

SPECIAL PLANNING COMMISSION MEETING OF: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
DIRECTOR: TOM PERRIGO, ACTING Consent Discussion

SUB1ECT:
VAR-55258 - VARIANCE - PUBLIC HEARING - APPLICANT: PREMIUM PRODUCE
CITY, LLC - OWNER: WOODROW P. PORTER - For possible action on a request Ior a
Variance TO ALLOW ZERO PARKING SPACES WHERE FOUR ADDITIONAL PARKING
SPACES ARE REQUIRED at 707 THROUGH 711 North Main Street (APN 139-27-704-001),
M (Industrial) Zone, Ward 5 (Barlow). StaII recommends DENIAL.

C.C.: 10/28/2014

PROTESTS RECEIVED BEFORE: APPROVALS RECEIVED BEFORE:

Planning Commission Mtg. 0 Planning Commission Mtg. 0


City Council Meeting 0 City Council Meeting 0

RECOMMENDATION:
StaII recommends DENIAL. II Approved subject to conditions:

BACKUP DOCUMENTATION:
1. Location and Aerial Maps VAR-55258 and SUP-55242
2. Conditions and StaII Report
2. Supporting Documentation
3. Photos VAR-55258 and SUP-55242
4. JustiIication Letters


VAR-55258
YK

AGENDA MEMO - PLANNING

SPECIAL PLANNING COMMISSION MEETING DATE: SEPTEMBER 23, 2014
DEPARTMENT: PLANNING
ITEM DESCRIPTION: APPLICANT: PREMIUM PRODUCE CITY, LLC - OWNER:
WOODROW P. PORTER


`` STAFF RECOMMENDATION(S) ``


CASE
NUMBER
RECOMMENDA1ION
REQUIRED FOR
APPROJAL
VAR-55258 StaII recommends DENIAL, iI approved subject to
conditions:



`` CONDITIONS ``


VAk-55258 CONDIIIONS


Planning

1. Approval oI and conIormance to the Conditions oI Approval Ior Special Use Permit (SUP-
55242).

2. This approval shall be void two years Irom the date oI Iinal approval, unless exercised
pursuant to the provisions oI LVMC Title 19.16. An Extension oI Time may be Iiled Ior
consideration by the City oI Las Vegas.

3. All necessary building permits shall be obtained and Iinal inspections shall be completed
in compliance with Title 19 and all codes as required by the Department oI Building and
SaIety.

4. These Conditions oI Approval shall be aIIixed to the cover sheet oI any plan set submitted
Ior building permit.

5. All City Code requirements and design standards oI all City departments must be satisIied,
except as modiIied herein.

VAR-55258
YK

Staff Report Page One
September 23, 2014 - Special Planning Commission Meeting



`` STAFF REPORT ``



PRO1ECT DESCRIPTION

The applicant is requesting a parking Variance to allow zero parking spaces where Iour
additional parking spaces are required Ior a proposed Medical Marijuana Dispensary use at 707
North Main Street. This represents an over development oI the site and thereIore, staII
recommends denial. II denied, a Medical Marijuana Dispensary would not be permitted at this
location.


ISSUES

The applicant has applied Ior a Special Use Permit Medical Marijuana Dispensary, which
has necessitated the need Ior a parking Variance application.

BACKGROUND INFORMATION

Related Relevant City Actions by P&D, Fire, Bldg., etc
09/23/14
The Planning Commission is scheduled to consider a Special Use Permit
(SUP-55242) Ior a Medical Marijuana Dispensary at 707 North Main Street.
StaII is recommending denial.


Most Recent Change of Ownership
12/22/75 A deed was recorded Ior a change in ownership.


Related Building Permits/Business Licenses
There are no records on Iile Ior 707 North Main Street.


Pre-Application Meeting
07/21/14
StaII met with the applicant and explained that the site requires 11 parking
spaces Ior a Medical Marijuana Dispensary and none are being provided. A
Variance is required to allow zero parking spaces, where 11 are required.

VAR-55258
YK

Staff Report Page Two
September 23, 2014 - Special Planning Commission Meeting



Neighborhood Meeting
A neighborhood meeting was not required, nor was one held.


Field Check
08/04/14
StaII visited the site and Iound 707 North Main Street to be a vacant space.
However, the buildings two other addresses where being utilized as an auto
repair, minor Iacility. There was no parking being provided on site.


Details of Application Request
Site Area
Net Acres 0.34


Surrounding
Property
Existing Land Use
Per 1itle 19.12
Planned or Special
Land Use Designation
Existing Zoning District
Subject Property Auto Repair, Minor C (Commercial) M (Industrial)
North Undeveloped C (Commercial) M (Industrial)
South Undeveloped C (Commercial) M (Industrial)
East General Retail MXU (Mixed-Use)
C-1 (Limited
Commercial)
Undeveloped
West
Storage
C (Commercial) M (Industrial)


Master Plan Areas Compliance
Downtown North Plan Y
Special Purpose and Overlay Districts Compliance
A-O (Airport Overlay) District - 175 Feet Y
Other Plans or Special Requirements Compliance
Trails N/A
Las Vegas Redevelopment Plan Area Y
Project oI SigniIicant Impact (Development Impact NotiIication Assessment) N/A
Project oI Regional SigniIicance N/A

VAR-55258
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Staff Report Page Three
September 23, 2014 - Special Planning Commission Meeting



DEVELOPMENT STANDARDS

Street Name
Functional
Classification of
Street(s)
Coverning Document
Actual
Street Width
(Feet)
Compliance
with Street
Section
Main Street Primary Arterial
Planned Streets and
Highways Map
100 Y


Pursuant to 1itle 19.8 and 19.12, the following parking standards apply:
Parking Requirement
Required Provided Compliance

Use
Cross Floor
Area or
Number of
Units
Parking
Ratio Regular
Handi-
capped
Regular
Handi-
capped
Medical
Marijuana
Dispensary
1,750 SF
1 per 175
SF
10

Auto Repair
Garage, Minor
11,914 SF
5 spaces,
plus 1 per
200 SF
65

Building
Maintenance
Service and
Sales
1,813 SF
1 per 300
SF
7

TOTAL SPACES REQUIRED 82

0

N*
Regular and Handicap Spaces Required 78 4 0 0 N
Percent Deviation 37
*The site is parking impaired by 79 spaces.

ANALYSIS

The building has been declared parking impaired by staII Ior 79 parking spaces. The 1,750
square Ieet oI the proposed Medical Marijuana Dispensary most likely was previously used as a
Building Maintenance Service and Sales use that has a parking requirement oI one space per 300
square Ieet oI gross Iloor space. The result is a parking deIicit oI Iour parking spaces or 37,
requiring the need Ior a parking Variance.

The applicant is proposing to over develop this site by requesting a more intense use than the site
can accommodate by code requirements. ThereIore, staII recommends denial.

VAR-55258
YK

Staff Report Page Four
September 23, 2014 - Special Planning Commission Meeting



FINDINGS (VAR-55258)

In accordance with the provisions oI Title 19.16.140(B), Planning Commission and City Council,
in considering the merits oI a Variance request, shall not grant a Variance in order to:

1. Permit a use in a zoning district in which the use is not allowed;
2. Vary any minimum spacing requirement between uses;
3. Relieve a hardship which is solely personal, selI-created or Iinancial in nature.

Additionally, Title 19.16.140(L) states:
'Where by reason oI exceptional narrowness, shallowness, or shape oI a speciIic piece oI
property at the time oI enactment oI the regulation, or by reason oI exceptional
topographic conditions or other extraordinary and exceptional situation or condition oI
the piece oI property, the strict application oI any zoning regulation would result in
peculiar and exceptional practical diIIiculties to, or exceptional and undue hardships
upon, the owner oI the property, a variance Irom that strict application may be granted so
as to relieve the diIIiculties or hardship, iI the relieI may be granted without substantial
detriment to the public good, without substantial impairment oI aIIected natural resources
and without substantially impairing the intent and purpose oI any ordinance or
resolution.

No evidence oI a unique or extraordinary circumstance has been presented, in that the applicant
has created a selI-imposed hardship by proposing a use that is more parking intensive than the
site can accommodate. Alternative is to Iind a site that would allow conIormance to the Title 19
requirements. In view oI the absence oI any hardships imposed by the site`s physical
characteristics, it is concluded that the applicant`s hardship is preIerential in nature, and it is
thereby outside the realm oI NRS Chapter 278 Ior granting oI Variances.



NEIGHBORHOOD ASSOCIATIONS NOTIFIED 20


NOTICES MAILED 209


APPROVALS 0


PROTESTS 0