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BOA_9 Franklin Street - Statement of Grounds+HardshipSTATEMENT OF GROUNDS/HARDSHIP The property that is the subject of this petition is located at 9-11 Franklin Street. It is presently occupied by large industrial warehouse type building at the front of the property. A second significant commercial building is fully permitted for construction in the rear of the parcel. Although the property is located in both the B-1 and R-2 Zoning Districts, the majority of the parcel is residentially zoned. The owner of the property and the petitioner are proposing to subdivide the lot to create 2 parcels. The first, known as 11 Franklin Street and consisting of 33,852 s.f. will be retained by the current owner. The existing industrial building and all associated parking and access serving that building will be located on this parcel. The 11 Franklin Street parcel is designed to fully comply with all of the dimensional requirements of the Zoning Ordinance. The second parcel known as 9 Franklin Street and consisting of 36,450 s.f. will be purchased by the petitioner. The petitioner is proposing to abandon the plan to construct a fully permitted commercial building on this parcel and instead convert it to residential use. Specifically, the petitioner proposes to construct 12 townhouse style units located in three buildings. The parking for these units will significantly exceed the 1.5 spaces per unit required under the Ordinance. The proposed redevelopment of 9 Franklin Street requires a Special Permit to allow the change from one non-conforming use (industrial) to another non-conforming use (multi-family) in the R-2 District. In addition to the Special Permit, several variances are requested from the dimensional requirements of the Ordinance to accommodate the irregular shape of the property and other constraints that will be discussed in greater detail below. With respect to the Special Permit, the Board may allow the change from one non-conforming use to another upon finding that the proposed use is not substantially more detrimental to the neighborhood than the existing use. In this instance, the area where the proposed residential units will be constructed is surrounded by other residentially used parcels. In addition, the parcel itself is zoned predominantly residential. The proposed change to a residential use is therefore more consistent with the character of the neighborhood and the underlying zoning district than the existing commercial use. Also, the addition of residential units will add to the well- documented need for greater housing opportunities in the City. The type of vehicles (commercial trucks vs. passenger vehicles) and volume of traffic associated with residential use will be less burdensome compared to the traffic generated throughout the day by a commercial use and the proposed residential uses generally will have less impact on the natural environment than the presently allowed commercial uses in terms of noise and environmental pollutants. Finally, the units will generate significant tax revenue for the City and bring residents into the City to support local businesses. For these reasons, it is appropriate for the Board to find that the change in use will not be substantially more detrimental to the neighborhood. The proposed redevelopment of the property will also require several variances from the dimensional requirements of the Ordinance, including lot area per dwelling unit, side yard setback (Building C only), rear yard setback, frontage, lot width and distance between buildings. The specific relief is set forth in the zoning matrix shown on the Plans submitted with this application. This parcel is unique in that it is the only one in the area that is split between residential and business zoning districts and is surrounded on three sides by residentially used parcels. Clearly, it is the intent of the Ordinance that the property should be used for residential purposes if possible. The current proposal offers an opportunity to return the rear portion of the property, surrounded on all sides by residential uses, to the residential use contemplated by the Ordinance. To accomplish a viable change of use from commercial to residential, a minimum density of 12 homes is necessary to forego the economic value of the existing commercial use. The literal enforcement of the lot area per dwelling unit and other dimensional requirements would cause a hardship that in effect precludes this parcel to be used for the residential purpose that are intended by the Ordinance. By granting the relief needed for the residential use of this parcel, the Board would be promoting a use that is less detrimental to the abutting residential owners and more consistent with the intent of the Ordinance.