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Z-5651-A Staff AnalysisApril 20, 1993 ITEM O.: 9 FILE NO.: Z -5551-A NAME: LOCATION: OWNER APPLICANT: PROPOSAL: ORDINANCE DESIGN STANDARDS: I. Site Location Simmons Beauty Shop - Conditional Use Permit 2301 Gaines Street Betty A. Simmons The applicant proposes to convert this vacant, 0-3 zoned structure into a beauty shop with five operator stations. Ms. Simmons is requesting a waiver of the on-site parking requirement and $125.00 filing fee. This property is located at the southeast corner of West 23rd Street and Gaines Street. 2. compatibility with Neighborhood This property is adjacent to a large commercial node with a variety of retail, commercial uses. The block on which this property sits forms an 0-3 buffer between that commercial node and the large residential neighborhood extending to the north and west. The residential property directly west of this site is zoned R-5 Urban Residence District. A beauty shop, with no more than five operator stations is a commercial operation of minor intensity and should not effect the integrity of that 0-3 buffer protecting the residential neighborhood. Staff feels that this proposed beauty shop is an appropriate use of this 0-3 zoned property. 3. On -Site Drives and Parking The structure in question is 1,200 square feet in area. A 1,200 square foot beauty shop requires six on-site parking spaces. The applicant is requesting a waiver of required on-site parking and is proposing on -street parking. Ms. Simmons has an agreement with the owner of a parking lot, located one-half block east of this site, which would allow her to utilize some of that parking lot's spaces. April 20, 1993 SUBDIVI SIOPi ITEM O.: Continued FIDE NO.: Z-5 51-A 4. Screenina and Buffers There are no screening and buffer requirements. 5. city Engineer Comments Provide on-site parking. 6. utility Comments No negative utility comments received as of this writing. 7. Analysis This issue was before the Planning Commission at its March 9, 1993 meeting. At that meeting, several neighborhood residents voiced concerns about the lack of on-site parking, and the proposed beauty shop's possible impact on the neighborhood. The item was subsequently withdrawn. Ms. Simmons has made an effort to address the lack of on-site parking by obtaining an agreement with the owner of a nearby parking lot, which will allow her to utilize some of the parking lot's spaces. Staff would recommend that the employees of the proposed beauty shop be required to utilize the parking lot, thus reducing the amount of on -street parking. Ms. Simmons currently operates a beauty shop at 605 West 23rd Street, almost directly across the street from this site. She has seven operators and no on-site parking. By reducing the number of operators to five and by requiring the employees to utilize the nearby parking lot, staff feels this proposed new location will have less of an impact on the neighborhood than Ms. Simmons' current location. There are nine structures located in the 2300 Block of Gaines Street. Eight of those nine structures, including 2301 Gaines, are currently condemned by the City. As recently as April 5, 1993, one of the condemned, vacant structures was vandalized and set on fire. Allowing the use of this property for a beauty shop may provide some stability in the block. 8. Staff Recommendation. Staff recommends approval of this application for a beauty shop with five operator stations, subject to the employees parking on the parking lot located one-half block east of this site. 2 April 20, 1993 SUBDIVISIQH ITEM N 9 (Continued) FILE NO.: Z -5651-A SUBDIVISION COMMITTEE COMMENT: (APRIL 1, 1993) The applicant, Betty Simmons, was present. Staff presented the item and informed the Committee that Ms. Simmons was requesting a waiver of the required on-site parking and a waiver of the $125.00 filing fee. Ms. Simmons addressed the Committee and stated that she had an agreement whereby her employees can use a parking lot located one-half block east of the proposed beauty shop. Commissioner Woods stated that he had been by the site and observed that most of the structures in the 2300 Block of Gaines Street appeared to be vacant. He further stated that Ms. Simmons' current location is across West 23rd Street and she has no on-site parking now. Commissioner Woods told the Committee that he did not feel that this proposed use would create any parking problems for the neighborhood and was an attempt to use one of the vacant structures in the neighborhood, many of which are in an unsafe condition. Ms. Simmons stated that she had visited with some of the neighborhood residents in an attempt to inform them of her plans. A brief discussion followed, after which the Committee then forwarded this item to the full Commission for final resolution. PLANNING COMMISSION ACTION: (APRIL 20, 1993) The applicant, Betty Simmons, was present. There was one objector present. Dana Carney, of the Planning staff, presented the item and a staff recommendation of approval. Mr. Carney informed the Commission that letters in opposition to the proposed beauty shop had been sent to staff from John Jarrard and Theodore Holder. He further informed the Commission that Kathy Wells, of the Downtown Neighborhood Association, had written indicating that there may be some interest in residential use of properties in this block, and asking that this application be denied. Ms. Simmons then addressed the Commission. She stated that her business had been located across the street from this location for 13 years and that her moving to 2301 Gaines Street would not have a negative impact on the neighborhood. She further stated that she was reducing the number of employees from seven to five and was providing off-street parking for these employees at a nearby parking lot. 3 April 20, 1993 SUBDIVISION ITEM NO.: 9 Continued FILE NO.: Z --565 1-A Commissioner Woods stated that he had been by the site and observed that most of the structures in the 2300 Block of Gaines Street appeared to be vacant. He further stated that he did not feel that this proposed use would create any parking problems for the neighborhood. Commissioner Woods stated that Ms. Simmons' current location is directly across West 23rd Street and she has no on-site parking now. He stated that he felt this proposed use was an attempt to use one of the vacant structures in the neighborhood. Commissioner Willis asked Ms. Simmons if she would be willing to have the entrance on West 23rd Street rather than facing Gaines Street. Ms. Simmons stated that she would agree to having a 23rd Street entrance and no entrance on Gaines Street. Beverly Hood Jones, of 2222 Gaines Street, then addressed the Commission in opposition to the proposed beauty shop. She stated that other condemned structures in this area of downtown had been restored as residential dwellings. She further stated that parking would be a problem and that it already is a problem in this area. Ms. Jones completed her statement by saying that allowing this use would harm residential revitalization efforts for this block. Further discussion then followed between Ms. Jones and Commissioner Woods. Commissioner Nicholson stated that she is a resident of the neighborhood and believes that this area needs to go residential in order to provide stability. Commissioner vonTungeln stated that there will always be problems like this, as long as this area is zoned 0-3 and perhaps the City should look at downzoning the area. Further discussion then followed concerning Ms. Simmons' investment in the neighborhood as a business owner rather than a resident. Commissioner Putnam stated that Ms. Simmons had been in the neighborhood for 13 years. He further stated that she was going from being a renter to being a property owner, and property owners have an investment in the neighborhood. Commissioner McDaniel then voiced his approval of the application. Ms. Jones told the Commission that Ms. Simmons should relocate to a commercially zoned site in the area, perhaps along Arch Street. Gl April 20, 1993 SUBDIVISION ITEM NO.: Continued FILE NO.: Z-55 1-A Further discussion then followed concerning measures that Ms. Simmons could take to reduce the impact that her business might have on the nearby residential properties. Commissioner Willis then made a motion to approve the application with the following conditions: 1. There is to be no signage on the Gaines Street side of the building or property. 2. The entrance to the beauty shop is to be on West 23rd Street. 3. The beauty shop's employees are to park on the nearby commercial parking lot, as allowed by the agreement which Ms. Simmons has obtained. The vote was 8 ayes, 2 noes and 1 absent. The application was approved. A motion was then made to waive the $125.00 filing fee. The motion passed by a vote of 9 ayes, 0 noes, 1 absent and 1 abstention (Oleson). 5