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withdrawn.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.
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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.
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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).
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