Submitted By
Tammie Grossman, Development Customer Services Director
Reviewed By
LKS
Agenda Item Title
Title
Referral of a Special Use Permit Application to the Zoning Board of Appeals with an Allowance from the Requirements of the Transit-Related Retail Overlay District (TRROD) to Operate a Dance Studio in the B-3 Central Business District Located at 805 Lake Street
End
Overview
Overview
The Village Zoning Ordinance requires that dance studios in the B-3 Central Business District obtain a special use permit and the Transit-Related Retail Overlay District prohibits such uses within the first 50 feet from the street line, therefore relief is required to operate a dance studio by the applicant, Arthur Murray, to occupy a tenant space on the ground floor.
Body
Staff Recommendation
Refer this special use permit application with the accompanying Transit-Related Retail Overlay District allowance request to the Zoning Board of Appeals for the purpose of holding a public hearing thereon pursuant to Section 2.2.5 of the Zoning Ordinance.
Fiscal Impact
Village cost for public notice.
Background
Arthur Murray is a dance studio. The proposed tenant space is located along Lake Street, west of Oak Park Avenue. As stated above, the property is located in the B-3 Central Business District and in a Transit-Related Retail Overlay District. Section 3.1 (Summary Use Matrix) of the Zoning Ordinance of the Village of Oak Park, which section relates to permitted uses within the Village of Oak Park, requires a special use permit to allow a dance studio in the B-3 Central Business District.
In addition, Section 3.9.3 (F) (2) (Use Restrictions) lists uses that shall not be located at grade level or on the ground floor of any building or structure unless located at least 50 feet from any street line. These uses are considered incompatible with or detract from retail vitality on the ground floor of buildings in areas adjacent and in close proximity to mass transit stations. Section 3.9.3 (F) (2) (l) specifically lists dance studios as not being allowed on the ground floor within 50 feet of any street line. Please note that under Section 2.2.3 (E) of the Zoning Ordinance of the Village of Oak Park, an allowance from Section 3.9.3 (F) (2) (l) may be granted within the special use.
Alternatives
The Village Board may refer this application to any appointed or elected commission or committee, including but not limited to the Plan Commission, for the purpose of holding a public hearing thereon pursuant to Section 2.2.5 of the Zoning Ordinance.
Previous Board Action
N/A.
Citizen Advisory Commission Action
N/A.
Anticipated Future Actions/Commitments
The Zoning Board of Appeals, following the hearing, shall transmit to the Village Board a written report of its findings as to compliance of the proposed special use with the standards listed in Section 2.2.3 (D) (Standards) and giving its recommendations.
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.
Performance Management (MAP) Alignment
A Governance Priority established for the Development Customer Services Department -Planning Division is Land Use Regulations.