• Summary
• Streetscape Concept
• Documents
• Councilmember Perspective
• Q&A About Variances
• Hardware Store Perspective

Summary

The owner of Bolfings Elmwood Hardware would like to add new storage and office space, renovate the existing space and build four residential units. (Note: in the previous version of the plan the number was three). The residential units are designed to match those of other nearby structures with housing above retail space.

The City Zoning Ordinance restricts the total floorspace of commercial properties. These restrictions are designed to promote only those businesses consistent with neighborhood character. The Elmwood District has the most restrictive floorspace requirements in the city, and the proposed changes will exceed those restrictions.

The ordinance restricts floorspace to 80% of the lot area (100% for corner lots). The owner wishes to apply for a variance to the zoning ordinance that would permit him to expand his floorspace to 180% of his lot area (including all floors).

The application includes also a variance for building height (28ft are allowed, while the current design may exceed it by 1.5ft) and for number of floors (2 are allowed, while the additional storage space will make it 3).

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  New front perspective
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  New rear perspective
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  New elevation

Documents

• Front perspective File size: 0.7MB
• Rear perspective File size: 0.3MB
• Cover page of proposal File size: 1.2MB
• Boundary and topographic survey File size: 0.1MB
• Proposed site plan File size: 2.0MB
• Photos of site File size: 1.6MB
• Plans of current structure File size: 0.3MB
• Plans of planned structure File size: 1.2MB
• Existing elevation File size: 0.2MB
• New elevation (1) File size: 4.4MB
• New elevation (2) File size: 0.3MB
• Sections File size: 0.4MB
• Site section File size: 0.3MB

Councilmember Gordon Wozniak's Perspective

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Dear Neighbors:

Bolfings Elmwood Hardware Store plans to apply for a variance to the zoning ordinance in order to expand its operation and modernize the business. The owner, Tad Laird, argues that he needs additional space to make his business successful. In addition, he would like to add residential units above his store to generate additional income to help defray his costs.

The current zoning ordinance limits the total floor area of a building in the Elmwood Commercial area to 80% of the lot size or a floor area ratio (FAR) of 0.8. Typically, this would mean that only one story buildings are allowed. Existing two-story buildings were built before this restrictive FAR was set and have been grandfathered. However, additions to existing buildings that would cause a FAR >0.8 are prohibited. Thus, the hardware store can not add additional space for either the business or residential units, without a variance from the Zoning Adjustments Board (ZAB).

I believe that a variance can be crafted that would maintain the character of the Elmwood Business District and allow the hardware store its needed expansion space. However, such variances are very difficult to obtain and require a public hearing and strong local support. To generate strong public support, it is important to involve the community early on in the discussions.

Here are some important points to keep in mind.

• The hardware store is an 'anchor' store for the Elmwood District. Its success is very important to the health and vitality of this small business district.
• Recently the intense competition from much larger, regional-based hardware stores is forcing small neighborhood hardware stores out of business.
• The hardware store does not have on-site parking nor adequate storage space to maintain sufficient inventory to attract a critical mass of customers.
• The owner is proposing to both expand the warehouse space behind and add residential units above the store. This modernization will trigger a number of building code upgrades, e.g. handicapped accessible bathrooms, modern wiring, etc.
• The increase in the warehouse space should not change the streetscape on College Avenue. The addition of residential units would modify the streetscape.

Finally, it is essential that the solution to the hardware store problem not have a substantial negative impact on the other businesses in the Elmwood. We do not wish to help one business, if it causes substantial detriment to other businesses. Thus, it is important that Elmwood merchants participate in this process and express their concerns regarding the proposed development and any modifications that would make the proposal acceptable.

Kitchen Democracy is a powerful way to make your voice heard and influence the ZAB's response to this opportunity. By participating, you will help craft a solution that makes the hardware store successful and preserves the character of the Elmwood. The final vote tallies and your comments will be presented to the ZAB and will be taken into consideration when a final decision is made.

Please take a few minutes to evaluate the pro and con arguments and then express your opinion on the Kitchen Democracy website.

Sincerely,
Gordon Wozniak
Councilmember District 8

Q&A About Variances

Dear Elmwood Residents and Merchants,

As many of you know, Tad Laird would like to apply for a variance to expand his store, add additional warehouse space and offices, as well as 4 new apartments. Our office is currently working with kitchendemocracy.org to get a sense of the community support, as well as a list of concerns people have regarding the project.

Since many people are not familiar with land use issues, and specifically with the Zoning Adjustments Board (ZAB) process, several questions have come up regarding the definition and effect of a variance. Most of the questions relate to the Elmwood business district, and how Tad's proposal, if granted, will impact other businesses and the community in general. In response, our office has worked with the Planning Department to write the summary below:

MERCHANT PERSPECTIVE:
The Elmwood District needs to understand if the City of Berkeley's long range plan includes attempting to develop the upper floors of commercial areas like the Elmwood, that have long standing businesses that cannot suffer through the renovations required to accommodate this development. The primary point is that all businesses in the Elmwood deserve consideration in these difficult economic times. We should absolutely try to help the Elmwood Hardware, but we must be sensitive to the possible precedent and the potential impact on other businesses, especially given the fact that VERY few business owners own their building(s).

SPECIFIC QUESTIONS:

1. If there is overwhelming support on Kitchen Democracy for the owners of the Elmwood Store to receive a variance, does this mean it will be granted?

No. Kitchen Democracy is an organization independent from the City, and their site focuses on citizen participation. Their goal is to represent the community by collecting "votes" and sharing the public sentiment with the appropriate city bodies. In respect to the variance request, the Zoning Adjustments Board (ZAB) needs to look at the application based on their own criteria (outlined in section 23B44 of the zoning code) and determine if this project qualifies. However, it is very important for the ZAB to know that local residents and merchants are, or are not, in favor of the project. They will definitely take this into account as they weigh their decision.

2. What are the ramifications of granting a variance to the Hardware store on future development of other Elmwood business' upper floors? Does it set a precedent?

Variances by their nature do not set precedents. For a variance to be approved, findings must be made based on the very special and particular circumstances of the individual project. This variance, if granted, would only permit the Elmwood Hardware Store to expand. Each additional property owner who is interested in changing the Floor Area Ratio (FAR) for their building(s), would have to go back to the ZAB to submit a separate application. The new applications would be considered based on their own merit, and community members would also have an opportunity to comment during a public hearing. The variance application process is very complicated and involves a lot of time and energy from the property owner without any assurance that a variance will be granted. Because of the amount of work and the potential risk, variance applications are not that common. In addition, the findings required to make a variance are extremely difficult. The City of Berkeley currently only approves about one variance per year.

3. What if the Elmwood Hardware store is granted a variance and then the owners decide to change the business or sell the property?

The owners of the Elmwood Hardware store have a use permit for "retail sales". They are allowed to change the nature of their business, for example from a hardware store to a sporting good store, provided the new use falls within the same category. The use is tied to the property, not the owner, so it remains the same even after the point of sale. A variance in this case would be for the expansion of floor area, and runs with the land, not the use or user. Should the hardware store go out of business someday, the use may change subject to whatever discretion is required by the Zoning Ordinance for the Elmwood Commercial District.

Sincerely,
Gordon Wozniak
Councilmember District 8

Store Owner Tad Laird's Perspective

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The History

When my wife and I purchased Bolfings Elmwood Hardware 3 1/2 years ago, we planned to make extensive repairs to the property to make it economically viable. We didn't anticipate the magnitude of the problems, the cost of the repairs, and the fact that those repairs would require a variance to existing zoning ordinance. [More...]

The Problems

Built in 1923, the store still uses almost all its original electrical, heating and plumbing systems. It has a leaky roof, poor drainage, and generally in need of major renovation. The warehouses in back can barely stand by themselves. [More...]

The Proposal

It is now apparent that the only viable solution is to remodel and expand the operation beyond our initial plans. We propose to renovate the main building, rebuild the storage space to code and make the second floor our storage, office and service center.

Above all this is the housing floor. We have refined our design to have 4 housing units, with open space balcony along the College Avenue side to set the actual units back about 10'. [More...]

The Result

Neighborhoods are in many ways defined by the merchants and businesses that operate in them, and it is my very strong feeling that hardware stores are an incredibly important part of small neighborhood retail. With this project, the neighborhood will have a renewed core retail business that will hopefully encourage other small owner-manager businesses to locate in the Elmwood.

As neighbors and long-term residents, my wife and I hope that this vision of small-scale, responsible growth and development within the constraints of an historical neighborhood meets with your hopes for our neighborhood. [More...]

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