2014-UV1-037 for property at 4186 North Broadway Street.

Request: Variance of use of the Special Districts Zoning Ordinance and variance of development standards of the Sign Regulations to provide for an art gallery, rug cleaning and repair, appraisal, painting conservation, and fine art framing with related retail sales and services, and to provide for internally illuminated wall signs equaling 5.24% of the north front facade and 3.01% of the east front facade (maximum three percent of the front facade permitted).

DMD Staff recommends approval of this petition, subject to the site plan file-dated November 26, 2014, and sign elevations file-dated December 31, 2014.

The proposal would provide for a combined art gallery/rug cleaning and repair business with related sales and services. Other commercial office and retail uses would be excluded from this variance, as the request is limited in scope. The proposed use would have minimal impact to the area in regards to additional traffic, noise, hours of operation, and number of clientele compared to the previous use. The petitioner indicates the retail portion of the operation would be low impact, with an average of no more than 15 customers on any given day. With the minimal number of customers, staff would compare this operation favorably to a commercial office, permitted within the C-1 zoning district, which also permits a day care center, similar to the previous use.

This site is located one block west from the 42nd Street and College Avenue intersection. Several parcels on 42nd Street are zoned C-3, and a community garden operates on 42nd street as well. The main parking lot entrance for the library is on Broadway Street, across from this site. There would be no external changes to the site, other than signage, as shown on the proposed site plan, file-dated November 26, 2014. The existing entrance is located on the east facade, away from any adjoining dwellings.

As most of you are aware, this property began its life in the 1950's as a community asset housing the Broadway Library Branch. When the Library moved to its current building on College Avenue, MKNA was very active in keeping the former library building from being torn down and turned into a parking lot. We were adamant that there was a new chapter in the life of this building that would allow it to remain a community asset and the legacy of neighborhood-oriented service would continue. It was a huge win for our neighborhood when Kaleidoscope Youth Center first leased the property from the library board and began serving the neighborhood's youth population. Children who previously had nowhere to go after school were now able to be a part of a program that kept them in a safe, educational environment.

Several years later, as KYC continued their after-school and summer programs, they had an opportunity to purchase the building and vacant lot to the south from the library board. MKNA again stepped up to help facilitate KYC purchasing the property from the library board- yet another win for the neighborhood! For several more years, Kaleidoscope's after-school and summer programs continued to be operated out of this facility.

We regret that Kaleidoscope ultimately ended its programs as a result of changes in support from United Way and was left with an empty building. After their decision to close, MKNA representatives had several conversations with KYC board members and expressed our desire for this property to remain some sort of neighborhood-serving function.

Last October, MKNA met with members of the KYC board and they indicated they had an offer to buy the property for a commercial use. We expressed our concerns and again stressed our desires to keep this a neighborhood-serving facility. From our perspective, it did not appear the building was ever 'listed for sale' or marketed well enough to seek interested buyers who could fit a service-oriented use and allow the legacy and mission of KYC to be carried on in a different capacity.

Our Land Use Committee and Board of Directors both had very lengthy discussions about how to handle this case. Ultimately, we feel this building and adjacent play area together is a community asset and it would be a loss for our neighborhood to allow the property to become a commercial use. While there is ample commercial space in the neighborhood, there is very little space reserved for these special uses. As stewards of the community, we must look at the bigger picture and do what we feel is the best long-term decision.

MKNA met this week with Curt Churchman, owner of Fine Estate Rugs, and members of the KYC board to explain our position. We greatly appreciate their willingness to meet and discuss, despite the fact that we know a compromise is not possible. If the zoning board votes in our favor, we have vowed to assist in any way possible to help Mr. Churchman find an appropriate location in the neighborhood for his business. We very much support his business and regret that this decision may negatively impact him. We also have offered our help to KYC to help find the right user for this property. We remain positive that if the property is more widely marketed, there will be interest from a purchaser that can utilize the property within its current 'special use' zoning classification. Lastly, MKNA wishes to again stress this is in no way an attack against Mr. Churchman and his business. We wish to see his business stay in our neighborhood and we will support him any way we can.