Z-5591-B Staff AnalysisOctober 25, 1999
Item No.: 5
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
Staff Report:
A. Public Works Issues:
Z -5591-B
Emmett Jones, J & J Family Limited
Partnership
10601 I-30
Lona Legal
I-2
Variances are requested from
the area regulations of Section
36-320 and the off-street parking
provisions of Section 36-507 to
permit construction of new
buildings with reduced parking and
setbacks. -
The small size of the lot limits
the buildable area and creates the
need for the variances.
Equipment Sales
Equipment Sales
With Building Permit:
I. Stormwater detention ordinance applies to this
property.
2. Easements for proposed stormwater detention facilities
are required.
3. If doing any curb cuts or street cuts, obtain permits.
If doing any work in right-of-way, obtain barricade
permits. Contact Derrick Bergfeld at 340-4854 for
permits.
October 25, 1999
Item No.: 5 (Cont.)
B. Staff Analysis:
The applicant proposes to develop the I-2 zoned property
located at 10601-10609 I-30 for a heavy equipment sales and
service business. The site consists of two parcels which
have been combined for the development. A large maintenance
building and the equipment display will be on the larger
parcel. An office building will be on the smaller parcel.
Appropriate permits have been issued for the maintenance
building and that structure is now under construction. The
office building is proposed to have a side yard setback on
the east side of 10 feet and a rear yard setback of 12.8
feet. The code requires side and rear yard setbacks of 15
and 25 feet respectively in the I-2 district. Parking for
the development will be located on the larger parcel. Since
there is no parking on the smaller parcel, where the
applicant proposes to build the office building, the
applicant assumed that a parking variance was needed. That
is not the case. The code allows lots or tracts to be
combined into a single "zoning lot" and developed as a
single tract. For the City's purposes the site is then
considered one lot. A zoning lot is defined as:
A parcel of land that is designated by its owner
or authorized agent as a tract, all of which is
to be used, developed or built upon as a unit
under a single ownership. A zoning lot may
consist of any standard lot or a combination of
a lot and any legally recorded portion of a lot
that existed prior to the passage of this
chapter. When determining the front, rear and
side yard setbacks for a zoning lot, the
required distance shall be measured from the
exterior boundaries of the zoning lot.
Consequently, it is staff's interpretation that the
applicant has a single zoning lot with two buildings on it.
All required parking is provided, leaving only the setback
variances for the office building.
Staff is supportive of the requested setback variances.
Although the property adjacent to the east is zoned R-2, it
is occupied by a nonconforming commercial strip center. The
R-2 zoned property to the south is currently undeveloped and
wooded. The City's adopted Land Use Plan recommends that
the area be developed as Light Industrial. Allowing the
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October 25, 1999
Item No.: 5 (Cont.
reduced side and rear yard setback for the office building
should have no impact on the adjacent properties.
C. Staff Recommendation:
Staff recommends approval of the requested side and rear
yard setback variances subject to compliance with the
following conditions:
1. Compliance with the City's Landscape and Buffer
Ordinances
2. Compliance with Public Works Comments
BOARD OF ADJUSTMENT:
(OCTOBER 25, 1999)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with the conditions outlined in the " Staff
Recommendation" above.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff, including all conditions. The vote was
5 ayes, 0 noes and 0 absent.
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