Commerical Rental Issues with City

[Chris G.]

Forgot if I posted about this issue I'm having previously. Have older commercial building right off major highway, upstairs is residential downstairs and outside storage area is commercial. It has gravel/ dirt drive way and parking area, probably only park around 4-5 cars max due to limited space in the front and needing to back up and turn around to leave. The driveway is sloped towards the building and has other properties on both sides and the back. Pretty much the commercial part has been rented for 3 years (motorcycle/ lawnmower shops) tenant moved out and we've been trying to get it rented out. We've been having issues since the city says any "change of use" would require a parking lot being paved. The issue with this is due to the slope I mentioned, after having a few concrete companies look at the job they have all said it needs to have an engineer make plans for water runoff which would be very difficult due to the slope and other properties on each side so all the water would pool up and possible flood the commercial building. At the moment when it rains the water just drains through the gravel and grass. The cost of having that done doesn't make sense on our end based off the rent we'd be getting/ properties value.

After having two prospects (who we thought would be same use) try filling out the commercial application (city's commercial application) and being refused by the city we're not sure what to do. They won't tell us how we've had previous tenants over the years with no parking lot and no issues and now we need one even though it wouldn't be considered "retail". The city is just looking at this from their desks they won't go out there or meet me at the property to see that you can't have a parking lot in the space available or give me a list of potential businesses or trades who can rent it how it is. So now it's pretty much impossible to rent, does the city ever make exceptions to certain properties or exempt properties from these changes? Any other advise or options to look at would be helpful. 

[Russ Kitzberger]

Quote from @Chris G.:

 The cost of having that done doesn't make sense on our end based off the rent we'd be getting/ properties value.

So now it's pretty much impossible to rent, does the city ever make exceptions to certain properties or exempt properties from these changes? Any other advise or options to look at would be helpful. 

Feasibility is an issue in most reuse-redevelopment scenarios. 

Cory is right, you may have a difficult time and will have to be creative or willing to pay for advice/help.  I recommend clients who want to redevelop a property or have a different use than zoning allows to speak with an attorney that specializes in that exact Cities zoning and land use law.  A few thousand in consulting legal fees can really open your eyes to what the process will be and how long/much it will take.

Providing you examples to what would comply probably is prohibited in the city permit examiner employee's job description (practicing law), a city will generally hand you a document, but they are not going to give legal advice. As far as the process to appeal, again, that is in the attorneys area of specialty.  In one City I practice in, you have to make the application and get denied to apply for the variance.  That means, that you apply for the use permit ASAP so you can apply for the variance.  Getting denied is just part of the process, you hope it happens fast so you can apply for the variance.  A good attorney can tell you that for a few billing hours.