David Polak
12012 Roberts Road Ste. B
La Vista, NE 68128

10 Jan 2012

Council Member Kluch:

I am a small business owner within the City Of Papillion zoning Jurisdiction Limits. I run a small automotive repair shop, Dynamic Auto Repair, in Pink Industrial Park on 120th and Roberts road. As a new business owner, I would like to live in the upper floor above my shop in order to keep costs down while I build my business. However, the area I am in is zoned as a Limited Industrial District, which is perfect for my business, but  there is no allowance for any residential use types as additional uses for the LI zone. I have spoken with the city planner, Brian Craig, and he has informed me that I would need to go through the Papillion City Council in order to get Residential Uses added as additional use types to the Limited Industrial Zoning District permitted uses.

There is already both a precedent for residential use above the street level of a business for all commercial zoning districts in the Downtown Overlay District via the Downtown Residential Permitted use type, as well as a precedent for habitation in the Limited Industrial zoning district via the Transitional Living Facility and Group Care Facility use types. Also, in my search for a commercial lease, I found that it was not uncommon for commercial properties for lease to have an apartment / living quarters above ground level, as well as being aware of several other local businesses that have living quarters above their business, suggesting that my desired use is not isolated.

My proposed change would be to § 205-17. Residential use types, adding section M to read as follows:

M. Business residential. The use of upper levels above street level of a building for singly-family or multiple-family residential uses.

as well as adding section E. to § 205-200. Residential uses to read as follows:

E. Business Residential. Business residential uses are permitted only on levels above street level, except that a unit specifically designed for occupancy by disabled residents may be developed at street level, subject to approval of a special use permit by the City Council with the recommendation of the Planning Commission.

Furthermore, Table 205-38 would need to be updated to reflect that the new Business Residential use type as a use permitted by right for the following zoning districts:

Limited Commercial
Community Commercial
General Commercial
Limited Industrial

and additionally as a use permitted by special use permit for the General Industrial zoning district.


I would like to know if you would support these changes if brought before the City Council in order to get the zoning regulations changed. Please feel free to contact me via email or phone with any questions or concerns.

Thank You,
David Polak