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55 Butler Street U2 Statement of Hardship and Statement of Grounds STATEMENT OF GROUNDS FOR 55 BUTLER STREET SALEM INTRODUCTION The building at 55 Butler Street is a pre-existing nonconforming 2-family dwelling in the R-1 zoning district, which was constructed about 1880. The building contains two (2) residential units, one on the 1 st floor and the other on the 2nd and V floors. The applicants purchased the 2nd and 3'd-floor unit in 2021 and just recently purchased the 1st-floor unit. They now seek to reconfigure the interior of the building to add a 3rd dwelling unit by subdividing the 2nd and 3rd floor- unit into two (2) single-story dwelling units, such that the building would have one (1) unit on each of the three (3) existing floors. The existing size and height of the building can easily accommodate the 3-family use. Applicants seek the following zoning relief to accommodate the renovation: 1) a Special Permit under Sections 3.3.2 and 9.4.2 to change the existing nonconforming use as a 2-family to another nonconforming use as a 3- family; 2) a Variance of the on-site parking requirement under Sections 5.1.8 and 9.3.2 to allow the three (3) existing parking spaces to be used for the 3 dwelling units, rather than the five (5) parking spaces that would otherwise be required; and 3) a Variance to allow a lot area of 1,412 SF per unit for the three (3) units, where existing is 2,119 SF for the two (2) existing units, and where Section 4.1.1 requires 15,000 SF per unit in this R-1 district R-1. GROUNDS FOR THE SPECIAL PERMIT Under Sections 3.3.2 and 9.4 of the Ordinance, a Special Permit should be granted to allow an existing nonconforming use to be changed to another nonconforming use where it is demonstrated that the proposed change would not be substantially more detrimentalthan the then-existing nonconforming use to the neighborhood, including with reference to the following criteria: a. The social, economic and community need to develop more residential housing is served by the proposal,which will add a new safe and code-compliant dwelling unit to the City's housing supply in response to the current housing crisis. b. Traffic flow and safety, including on-site parking needs, can be met with the existing 3-car parking area as laid out on the Plot Plan. The entrance/exit from the tot, which is from Rawlins Street, in a quiet trafficked location only 3 houses from the end of Rawlins Street. c. Adequate public services and utilities already serve the property. d. As there wilt be no increase in the building footprint or re-grading of the parcel, and virtually all renovations will be inside the existing building, there should be no impact whatsoever on the natural environment or drainage. e. As the building's exterior, height,footprint and materials will be largely unchanged (with the exception of typical finish work improvements, resulting in an improved overall appearance), there will be no negative impact on the neighborhood character, and f. The renovation of the building and addition of a dwelling unit will result in an increase in the assessed value of the property and increased tax revenue to the City's tax base. The renovations will also result in an increase in temporary construction jobs available in the City of Salem. STATEMENT OF HARDSHIP AND GROUNDS FOR THE PARKING AND LOT AREA PER DWELLING UNIT VARIANCES The Parking Variance: While the applicant is providing one on-site parking space for each of the 3 proposed residential units, it is seeking a variance under Sec. 9.3.2 from the parking requirement under Sec. 5.1.8 that they supply 1.5 spaces per dwelling unit. This request is supported by the fact that there are special conditions and circumstances especially affecting the land and building but not generally affecting other lands and structures in the same zoning district. This building was constructed in about 1880 and either then, or over time, the existing parking area was carved out by leveling that portion of the lot area and installing a substantial concrete retaining wall about 4 feet in height on two sides of the parking area, which holds back additional sloped portions of the parcel rising behind it. To provide additional parking spaces, the applicant would have to conduct substantial site work and excavation, first to remove the retaining wall and then to excavate additional areas behind it (including removing large amounts of vegetation (including trees), soil, rocks, and possibly [edge) and to fill and re-grade these areas after the excavation is completed. These existing soils conditions and topographical features of the property will create a substantial hardship, including great expense to the applicant if the zoning requirement to provide 5 parking spaces complying with the current parking space size and design requirements are enforced against the applicant. The relief requested will supply new housing of the type the City needs while still providing an on-site parking space for each dwelling unit, which is more parking than exists at many residential properties in the older and densely populated areas of the City, like this one. For these reasons, granting the variance may be granted without substantial detriment to the public good, and wilt not derogate from the intent of the district or purpose of the zoning ordinance. The Lot Area Per Dwelling Unit Variance: Most of Salem was developed hundreds of years ago, before zoning was ever enacted. Literally thousands of 1, 2 and multifamily dwellings exist in R-1 zoning districts throughout the City that contain total tot areas of less, or much less, than 15,000 SF. All of these properties are nonconforming as to tot area per dwelling unit, and such a variance is required to add dwelling units to any of them. This parcel at 55 Butler Street contains a total area of 4,238 SF, so, with two (2) units, it currently contains 2,119 SF per dwelling unit. The addition of the 3`d unit will reduce this calculation to 1,412 SF of lot area per unit, for which a variance is herein requested. The applicants do not propose expandingthe building footprint in connection with the additional unit, such that the existing lot area is being maintained for its best and most efficient uses— i.e., on-site parking and communal outdoor space for the building's occupants. The proposed lot areas per dwelling unit is consistent with the general character and density of development in the neighborhood. The soils conditions, topography and small existing lot size are the conditions that create a substantial hardship to the applicant if this requirement of the Ordinance is enforced and prevents the additional dwelling unit. The addition of a safe and code-compliant dwelling unit is consistent with the needs of the City, and the granting of this variance will not derogate from the intent of the district or purpose of the zoning ordinance. NOTE ON PARKING It is worth noting that,working in association with the Metropolitan Planning Council, the City of Salem Planning Department has concluded that eliminating or reducingthe City's mandatory minimum parking requirements for multifamily dwellings Is an important step in developing more housing. A number of municipalities have already enacted such reductions, and others, including Salem, are in the process of considering and enacting zoning amendments for this purpose. Salem's study found that only 60% of Salem residents use a motor vehicle, and recommends that if any parking requirement is retained for multifamily housing, it should be .75 spaces per dwelling unit, which, for 3 units would require 2.25 spaces on the parcel, where we are proposing 3 spaces. Several recent projects have been approved in Salem with such reduced parking requirements.