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Shared parking

ssc

Cyburbian
Messages
209
Points
9
I hope I'm not dipping in the well one too many times, but I would love opinions on a question I am having trouble answering. Can you all tell I am completely alone in the planning dept in my city?

A woman owns a two family in a residential district that is adjacent to a bank in a commercial district. She would like to rent parking spaces to the bank. Parking areas are allowed in the residential district, but banks are not. She also wants to allow the bank to store records in her basement - which the bank would be able to access from a seperate door. I just have no idea what to tell her. My first instinct is to say no - since commercial uses are prohibited in the residential district, so are accessory uses that go along with the commercial uses.
 

boiker

Cyburbian
Messages
3,889
Points
26
Main Street Maven said:
My first instinct is to say no - since commercial uses are prohibited in the residential district, so are accessory uses that go along with the commercial uses.
Your first instinct is your correct instinct. She is, in effect, creating a warehousing or "business storage" use in her residential basement.

As for leasing of parking spaces. As long as she is able to provide the required minimum number of spaces, she can enter into private agreements to provide parking to the adjacent bank ownership. Some communities, still, may not allow this.
 

nerudite

Cyburbian
Messages
6,544
Points
30
Main Street Maven said:
She also wants to allow the bank to store records in her basement - which the bank would be able to access from a seperate door. I just have no idea what to tell her. My first instinct is to say no - since commercial uses are prohibited in the residential district, so are accessory uses that go along with the commercial uses.
The only way I would allow shared parking is if the uses that are sharing operate during different times or have significantly different peak use periods. I think a residence would use the parking at the same time as the bank, unless of course additional parking is added to the residential lot to accommodate the bank. I think your gut instincts are correct on this one.

By the way, the storage issue is not only a zoning problem, but I bet the fire code standards for storage of paperwork wouldn't be met. Usually there are fire sprinklers involved and the like. So you may not even have to be the total bad guy on this one... you may get to break the news in a group effort. :)
 

Seabishop

Cyburbian
Messages
3,838
Points
25
Off topic a little, but what kind of bank would want to store records in the basement of a duplex? What about security concerns?
 

ssc

Cyburbian
Messages
209
Points
9
nerudite said:
The only way I would allow shared parking is if the uses that are sharing operate during different times or have significantly different peak use periods. I think a residence would use the parking at the same time as the bank, unless of course additional parking is added to the residential lot to accommodate the bank.
The bank has actually offered to pave her driveway and add 4-6 parking spaces for their use, in addition to the four spaces already on the property, so there would be no issue of overlapping users...

Thanks again for helping out this lone planner!
 
Last edited by a moderator:

ludes98

Cyburbian
Messages
1,264
Points
22
No to both. Rental of the premises for uses other than a residence constitutes a business use.
 

ssc

Cyburbian
Messages
209
Points
9
Seabishop said:
Off topic a little, but what kind of bank would want to store records in the basement of a duplex? What about security concerns?
Excellent point!!!! I wouldn't bank there....
 

Cardinal

Cyburbian
Messages
10,080
Points
34
I think ludes has the right answer. The parking is really an extension of the banking use, or an encroachment of commercial activity into a residential zone. As for operating a leased storage facility out of the basement, that, too, would be a commercial use. I would recommend denial and suggest that the appropriate course of action for the property owner would be to seek to rezone the lot to a commercial district.
 

nerudite

Cyburbian
Messages
6,544
Points
30
Cardinal said:
I would recommend denial and suggest that the appropriate course of action for the property owner would be to seek to rezone the lot to a commercial district.
Of course the duplex then would likely be a non-conforming use, and any use expansions may not be allowed by your zoning ordinance. Hee hee... what a fun little game this is. ;)

The way they are mixing commercial and residential really doesn't work well, no matter which zone they are in. Is there a church or other building of religious assembly nearby that they can share a parking lot with? Those types of joint uses of parking tend to work out really well.
 

ssc

Cyburbian
Messages
209
Points
9
Well, I told the owner of the duplex she could not lease space to the bank. She was none to pleased. But, thanks to you all, I am confident I am correct. I did suggest she could apply for a variance if she felt she had a case - of course, she would not have a chance in h--l of getting it. Regarding rezoning - yes, the duplex would be illegal if she went for the zone the bank is in!

Thanks everyone.
 
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