DATE: December 5, 2000

TO: Board of Adjustment

FROM: Gary Gillette, Planner
Community Development Department

FILE NO.: VAR2000-00046

PROPOSAL: An extension of a variance (VAR1999-00021) to allow reduction of required
parking from 60 to 24 spaces for a new commercial/retail building.



Applicant: Jensen Yorba Lott

Property Owner: Franklin Dock Enterprises

Property Address: 700 South Franklin Street

Legal Description: Lot 1A, Franklin Enterprises 2

Parcel Code No.: 1-C10-0-K83-003-0

Site Size: 2.9 Acres

Zoning: WI, Waterfront Industrial

Utilities: CBJ Sewer and Water available

Access: South Franklin Street

Existing Land Use: Vacant

Surrounding Land Use: North – S. Franklin Street

South – Gastineau Channel

East - Franklin Dock

West - Industrial


The applicant proposes to construct a single story building of approximately 11,900 square feet. The building would support commercial/retail space. The project would also include a 24-space parking lot on the subject site along with landscaping and other amenities.


The CBJ Land Use Code provides that a variance may be extended by the Board of Adjustment for a period of 18 months. The applicant must apply for the extension at least 30 days prior to the expiration date of the variance. The Board may not delete, amend, or add to the conditions contained in the variance. If the Board determines that conditions should be changed the Board may deny the extension request. The applicant then may submit the project for review as though it were a new permit.

A copy of the previous staff reports and Notice of Decisions are attached.


The applicant applied for the extension to a previously approved Variance (VAR1999-00021) at least 30 days prior to the expiration date. The applicant has proposed no changes to the project as previously presented. Staff recommends no changes to the conditions of approval.


  1. Was the request received at least 30 days prior to expiration of the permit?
  2. Yes. The permit expires on December 22, 2000. The applicant submitted a request for permit extension on November 15, 2000.
  3. Are deletions, amendments, or additions to the conditions of the previous permit required?
  • No. The applicant has not proposed any changes to the previously approved project. No changes to the Land Use Code, which would affect this project, have occurred since the previous Board approval. Staff makes no recommendations to change any conditions of the previously approved Variance.

    It is recommended that the Board of Adjustment adopt the director’s analysis and findings and grant an extension for 18 months to the previously approved Variance (VAR1999-00021) with the same conditions as contained in the Notice of Decision dated June 23, 1999. Those conditions are as follows:

    1. The applicant shall submit to the Community Development Department, for final review and approval, a site plan of the dock facility parking area to show that 36 parking spaces can be accommodated on the site for use during the tourist off-season, essentially from October 1 through April 30.
    2. The applicant shall submit to the Community Development Department a letter from the property owner of the dock facility allowing the use of the area for off-season parking and agreeing to maintain this area for use during the off-season.
    3. If it is determined by the director that the 24 spaces on the subject site is inadequate for the summer tourist uses, the applicant shall manage the dock facility parking area such that overflow parking may occur at the dock site when not used to serve cruise ships at the dock.