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Z-3850-A Staff AnalysisJune 21, 1982 Item No. 1 - Z -3850-A Owner: Ellis & Son Food Brokerage By: Gary Dean Address: 3320 Jane Street Description: Lots 5 and 8, Block 8, Intercity Addition Zoned: 11I-2" Light Industrial Variance Requested: Relief from Section 7-104.2E to permit encroachments into the front and side yards leaving 25' and 5' setbacks respectively. Present Use of Property: Residential Proposed Use of Property: Refrigerated Warehouse STAFF RECOMMENDATION: The applicant intends to construct an addition onto an existing warehouse to expand his business. Lot 5 is presently zoned "R-3" Single Family and is being requested for change in separate action before the Planning Commission this month. Any approvals granted by the Board of Adjustment would be subject to zoning approval at this later date. Staff is concerned about a number of issues with regard to this case. Firstly, the owner is using property on the east side of Jane Street for a parking lot which is not zoned for such use. In addition, the parking lot is not paved in accordance with ordinance. Staff also feels that given the circumstances a replat of the entire property is appropriate and should be required as a condition of approval. This would serve to dedicate the necessary right-of-way for Mabelvale Pike. Staff recommends approval with the following condition: 1. That the property currently being used for a parking lot be filed for rezoning to "I-2." June 21, 1982 Item No. 1 - Continued 2. That upon approval of the zoning, said parking area be paved in accordance with ordinance. 3. That all property within Block 8 which is owned by Ellis & Son be replatted into a single tract dedicating the proper rights-of-way for Mabelvale Pike and all other abutting streets. BOARD ACTION: The applicant was present, and there were no objectors. The applicant stated that he wished to amend his request to change the desired setback on the north side of the building to zero feet keeping the same 25' setback from Jane Street and 5' setback from the south property line. The staff indicated that there was no difficulty in this amended request and recommended the approval with the same conditions as stated in the recommendation earlier. After considerable discussion, the Board moved to approve the amended request with the conditions as stated in the staff recommendation, except that another form of dedication of rights-of-way will replace the requirement to plat the property into a single tract. In connection with this approval, the applicant stated that he would.remove the parking from the properties indicated east of Jane Street until such time that zoning action and the proper paving could be applied. Under those conditions, the Board voted to approve the motion: 6 ayes, 0 noes and 1 absent.