Burnham Planning & Development specializes in solving complex land use problems that require unique approaches.
Background:
This is a plastics manufacturing facility. To accommodate new machinery, the plastics manufacturer reduced the number of on-site parking spaces, resulting in a deficiency of 5 spaces. To address the parking deficiency, 5 spaces located across the street were deed restricted for the use of the main building when it was leased. Decades later, the owner of the leased property wanted to sell, but due to the deed restriction for parking, no buyer was willing to close with it on title.
What we did:
We worked with City staff to identify a course of action that would allow for the deed restriction to be removed, while still providing code-required parking for the main building of the plastics manufacturer. This required an Administrative Use Permit (AUP) to remove the deed restriction on the lot. The process was complicated because we still needed to supply 5 parking spaces. The owner of the main building rented the building next door to his which had excess parking for the designated use, so we were able to demonstrate to the city that there is adequate parking by assembling a diagram with parking calculations before and after. The city wanted to record another deed restriction, but we were able to get it done with recording a covenant that goes away when the use of the building changes so that this situation would not arise again in the future.
This process took 3 months and required a public hearing.
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