HomeMy WebLinkAboutZ-3478-A Staff AnalysisJanuary 4, 1993
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File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Proper :
Proposed Use of Property:
Staff Report:
A. Engineering Issues:
Z -3478-A
Larry Meyers
1311 Rebsamen Park Road
Lot 3, Top Cat Subdivision
C-3
From the building line provisions
of Section 31-11 (c) to permit a
new building to cross a platted
building line.
Unusual lot configuration
Commercial
Commercial
There are none to be reported.
B. Staff Anal sis:
The proposal for 1311 Rebsamen Park Road is to
construct a new building on the site to be used as a
restaurant. There is an existing structure on the
property and the proposed building will be placed
directly next to the other building; there will be some
separation between the two structures. To implement
the applicant's plan, a building line waiver must be
granted because the new structure crosses a 30 foot
platted building line on the front and south side. As
submitted, the site plan shows a setback of 23 feet
from the front and side property lines. (In the C-3
district, a 25 foot setback is the standard for the
front and no setback is required, except when abutting
a residential district on the side.)
The property is located in an area that has mixed land
use and zoning patterns. The surrounding zoning
includes 0-2, 0-3, C-3 and I-2, with 0-3 and C-3
January 4, 1993
Item N 2
directly to the south. Therefore, no side yard setback
would be required on the south side if there was no
platted building line. The primary land use is
commercial and several of the adjacent tracts are
vacant.
Allowing the new building to cross the building line on two
sides is a reasonable option, and will not have any impact
on the nearby properties. The 23 feet will still provide
for adequate setbacks, especially on the south side. There
are no structures on Lot 2 and on the lot lying to the
south. It appears that building separation will not be an
issue in the future, even with the building line waiver. In
addition to the building line waiver, the Board will also
have to act on allowing two structures on the one lot.
One other item that needs to be mentioned is parking. Since
no parking variances have been requested, staff is assuming
that the development will have the proper number of spaces
for each use. The parking requirements are as follows:
Restaurants - one space for each 100 square feet of
gross floor area.
warehouse - five spaces plus one space per 2,000 square
feet of gross floor area.
Should the Board of Adjustment approve the waiver, the owner
will also have to do a one lot replat, modifying the
building line, and amending the Bill of Assurance to
complete the process. The documents will then have to filed
at the County Courthouse.
C. Staff R omm i
Staff recommends approval
subject to filing of a one
Assurance. The staff also
the site.
ARD OF ADJUSTMENT ACTION:
of the building line waiver
lot replat and amended Bill of
supports multiple buildings on
(JANUARY 4, 1993)
Staff reminded the Board that they would have to grant a waiver
of the Bylaws because the notices were mailed less than the
required ten days. There was some discussion and the Board
voted to waive the notice provision in the Bylaws. The vote was
7 ayes, 0 nays, 1 absent and 1 abstention (John Borchert).
E
January 4, 1993
I gm No.: 2 (C n t.
The application was represented by Ed Daniel. There were two
objectors in attendance. Mr. Daniel spoke and made some brief
comments.
Gordon Gondek, a property owner in the area, addressed the Board.
Mr. Gondek voiced some concerns with parking and said he
purchased an additional lot for parking to accommodate his
restaurants. Mr. Gondek indicated that he has no objections to
the business nor the building line waiver, but felt that there
would be some parking problems.
There was a long discussion about parking and other issues.
Gordon Gondek offered some additional comments and said that he
would protect his parking.
Bob Brown, Plan Specialist with the City, made some comments
about the parking lot and landscaping.
A motion was made to approve the building line waiver as
requested. The motion passed by a vote of 6 ayes, 1 nay,
1 absent and 1 abstention (John Borchert).
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