VPC’s Application: Errors in Written Submission

23 Dec

Our comments about basic errors in VPC’s Administrative Conditional Use application are framed by the following two elements of the code:

  • “The proposed new use must be no more detrimental to properties in the zone and vicinity than the existing use.” {Note: existing use is: ‘nonconforming: grocery.’}
  • If the new use is permitted, the Director may require mitigation measures, including but not limited to landscaping, sound barriers or fences, mounding or berming, adjustments to yards or parking standards, design modification, or limiting hours of operation.”

1. Applicant states that existing retail use extends to the second floor.

The entire upper floor is a dwelling unit and not part of the retail space previously permitted by the City as a non-conforming use. Currently, VPC uses a portion as an office.

2. Existing use is documented as retail and no change is proposed to the dwelling unit on the second floor.

VPC is proposing to formalize the second floor office use. Their statement that “no change” is proposed upstairs is incorrect. The entire upper floor is a dwelling unit.

3. ‘Number of Clients’ is stated as rarely more than 45, which VPC contends is rarely reached. They also state that 45 is the maximum occupancy.

  • It is quite common for more than 50 customers and staff in the space.
  • The restaurant is often packed in this way on weekends or for special events.

4. Preamble: The applicant compares retail uses that have accessory food or beverage service to a restaurant use.

  • This is irrelevant. VPC is a full-service restaurant and functions as such.
  • We are unclear as to their reason for mentioning drug stores and flu shots.

5. Applicant states that there will be no changes to the existing kitchen.

  • Although the improvements such as the kitchen, toilet, restaurant areas, etc., are “existing” the applicant built them without a permit and for a use not properly permitted.
  • Any changes made at the time that the VPC began occupancy of the space should be considered, under the Seattle Building Code, as a change in occupancy.
  • The provisions under the applicable code should be complied with retroactively.
  • The proposal as submitted fails to address very serious life safety concerns associated with the restaurant use operating under a dwelling unit.
  • Furthermore there appear to be issues related to the compliance of the kitchen exhaust and possibly other areas not as readily visible or apparent.

6. Applicant states in various instances that the new use is no more impactful than current. It appears that VPC is comparing  to their own restaurant use and not to the grocery use.

As is the case with other aspects of VPC’s application, they state opinions as facts. VPC offers no data that is grounded in analysis.

Here is a PDF of the Volunteer Park Cafe and Marketplace – Conditional Use Application

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