Council unsure how to handle zoning variance request

The Sundance City Council is wrestling with a business proposal that will require a variance on the zoning that applies to the downtown area.

The Coders, owners of the corner lot on which higbee’s Café used to sit, intend to use the lot to display recreational vehicles, with the building next door as the sales premises.

Jason and Darlene Coder chose this business, they said, because “we feel that there’s a need” considering the city’s proximity to so many trails and outdoor spaces. The aim, they told the council, is to add something new to the community rather than take away from the existing businesses.

The business will be primarily sales, but the Coders would be happy to be able to add on a rental service in the future, they said.

The issue, however, is that the lot sits in the downtown area and is governed by the zoning ordinance as “general business”.

This type of zoning, according to Sundance’s ordinance, is intended to provide “a focal area for the community’s business, government services and cultural activities” and describes attached, multi-story level structures with up to total lot coverage.

An open space displaying vehicles does not fit this description, leaving the council wondering how it could give permission for the business to go ahead.

Mayor Paul Brooks explained that a variance is typically given to a rule, but, “In this case, the rule is zoning.” That’s a little different, he said.

“There’s a different standard, I guess is the way I would put that,” he commented, because the usage of this lot has an impact on its neighbors.

On the other hand, Dublin Hughes, City Attorney, said that he is unsure whether the city would consider rezoning the lot on the basis that it would become “an island in a sea”, surrounded by lots that are zoned for general business.

Council Member Joe Wilson said he is not really in favor of a change to the ordinance and suggested a variance that would sunset in one year, to see what the business looks like and how well it fits into the downtown. He said he would prefer to see the lot used than remain vacant.

While a recreational vehicle sales yard is not necessarily what he would have preferred to see, Wilson said, he cannot dictate what the lot is used for because it is not his property.

The Coders responded that future plans include further building on the lot to create an L-shape structure but, having sunk a lot of money into the property already to demolish the café, this is not a possibility immediately.

Because this is “muddy waters”, the mayor suggested tabling the issue for a month to allow legal counsel to further investigate. The council voted in agreement.