MK Plan for Zoning Overlay

May 13th, 2015
Critical Area #9

Northeast corner of Central Avenue and 44th Street.

Why Critical: This property is zoned residential (D2), but has a use variance to permit the building to be used for “office-type businesses generally accepted to be permitted by the C-1 Office Buffer District of the Commercial Zoning Ordinance,” with certain limitations. The use variance is not tied specifically to the current operation. The use variance, therefore, runs with the land until a new use would be proposed, at which time a public hearing would be required. If the use would be returned to a D2 residential use, no public hearing would be necessary.


  • Any future expansion or new structures should be consistent with setbacks, height, style, material, and mass of the surrounding neighborhood.
  • Future uses should not intensify above the current office use.
  • If the current use would leave the building, future use should be consistent with the current residential zoning.

Any outdoor seating area for the facility should be placed on the interior of the site and away from adjacent neighbors.

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