BZA votes in favor of U-Haul on 109th
By Kitty Conley firstname.lastname@example.org December 18, 2012 1:30PM
WINFIELD — The Board of Zoning Appeals voted unanimously to send a favorable recommendation to the Town Council regarding a special exception to allow a U-Haul business already in operation.
The owners of the strip mall on the south side of the 8400 block of 109th Avenue have been operating a small U-Haul satellite office after closing their movie rental business. Technically they have been operating it illegally, because they do not have the required special exception to operate the business in that C-3 zoning district.
The owner had come to the BZA for a variance-of-use in October. That was deemed by the town attorney to be the wrong request. A variance requires that the petitioner, in this case George Smith, show that the need for the variance is caused by some hardship created by the land. There is none at this location.
Therefore, even though the BZA members had been in favor of the business, they could not grant a variance of use, because Smith’s request did not meet the requirements.
He had refiled to appear before the BZA for a special exception and was at the Dec. 13 meeting.
The only restriction placed on the U-Haul business was the number of trucks, limited to two, and just 4 trailers, at any time. It does allow for the occasional overnight drop-off of more than the two trucks. All the trucks and trailers are insured and maintained by U-Haul. Smith explained that since he owns the entire shopping area he does not want to see one of his tenants leave because the U-Haul business would be taking up all the parking.
Smith told the BZA that the majority of his business is from parents taking their kids to collage or bringing them home again.
Under those circumstances the BZA sent Smith to the Town Council for final approval. The BZA also sent a recommendation to have the application fee for the variance-of-use request refunded to Smith.