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HomeMy WebLinkAboutZ-3646-A Staff Analysis� 1 _. . A ). September 28, 1983 Item No. 2 - Z -3646-A Owner: Claude Carpenter Address: 801 Marshall Street Description: Part of Block 1, Fausts Addition Zoned: "0-3" General Office District Variance Requested: From the off-street parking provisions of Section 8 of the Zoning Ordinance to permit accessory parking for Arkansas Children's Hospital Justification: The applicant points to a need for parking for the Children's Hospital immediately across Marshall Street and a strong personal obligation to the hospital. The owner states that he hopes to sell the lot to the hospital, but doesn't know when they will be able to afford the purchase. He further states that when notified by the hospital that they no longer desire to purchase the lot he will use it as an office property. Present Use of the Property: Parking lot/operation of unauthorized commercial lot Proposed Use of the Property: Accessory parking for Children's Hospital STAFF REPORT A. Engineering Issues None attendant to this request. B. Staff Analysis The application filed is the result of enforcement action against the owner. The parking lot in place and operating has received much attention from the City over the past year. The issues raised by staff are: 1. Operating a commercial parking lot in an "0-3" zone which is not permitted. 2. Deficient landscaping to qualify with City ordinance. A plan for development of the lots landscaping has been reviewed and approved by the Permits staff, but has not been completely executed. September 28, 1983 Item No. 2 - Continued The staff feels that the request before the Board can only be valid if the Children's Hospital forwards a written commitment to purchase the land or provide a long-term lease. The Board of Adjustment cannot allow a commercial lot for any pay arrangement in an "O-3" zoning classification. C. Staff Recommendation Denial of the request as filed unless the applicant can present documentation described in the staff analysis whereby the lot becomes accessory parking to the hospital and not a.principle use of the land. BOARD OF ADJUSTMENT ACTION: Mr. Claude Carpenter was not present. A request was presented for deferral of this item to the October 17th Board meeting in order to permit sufficient time to resolve the involvement of the Children's Hospital in the usage of this site. There were no objectors present. However, one letter of objection was received. A motion was then made to defer this item to the regular scheduled meeting on October 17, 1983. The motion passed by a vote of 8 ayes, 0 nay. October 17, 1983 l Item No. A - Z -3646-A - Deferred Matter Owner: Claude Carpenter Address: 801 Marshall Street Description: Part of Block 1, Fausts Addition Zoned: "0-3" General Office District variance Requested: From the off-street parking provisions of Section 8 of the Zoning Ordinance to permit accessory parking for Arkansas Children's Hospital JUSTIFICIATION The applicant points to a need for parking for the Children's Hospital immediately across Marshall Street and a strong personal obligation to that hospital. The owner states that he hopes to sell the lot to the hospital, but doesn't know when they will be able to afford the purchase. He further states that when notified by the hospital that they no longer desire to purchase the lot he will use it as an office property. Present Use of the Property: Parking lot/operation of unauthorized commercial lot Proposed Use of the Property: Accessory parking for Children's Hospital STAFF REPORT A. Engineering Issues None attendant to this request. B. Staff Analysis The application filed is the result of enforcement action against 'the owner. The parking lot in place and operating has received much attention from the City over the past year. The issues raised by staff are: 1. Operating a commercial parking lot in an "0-3" zone which is not permitted. 2. Deficient landscaping to qualify with City ordinance. A plan for development of the lot's landscaping has been reviewed and approved by the Permits staff, but has not been completely executed. d .r N October 17, 1983 Item No. A - Continued The staff feels that the request before the Board can only be valid if the Children's Hospital forwards a written commitment to purchase the land or provide a long-term lease. The Board of Adjustment cannot allow a commercial lot for a pay arrangement in an "0-3" zoning classification. C. Staff Recommendation Denial of the request as filed unless the applicant can present documentation described in the staff analysis whereby the lot becomes accessory parking to the hospital and not a principal use of the land. BOARD OF ADJUSTMENT ACTION: (9-28-83) This item was deferred until October 17, 1983, at owner's request in order to provide sufficient time to deal with a commitment by the Children's Hospital. At this writing, no further communication has been received from the applicant. BOARD OF ADJUSTMENT ACTION: (10-17-83) The applicant, Mr. Carpenter, was not in attendance nor was he represented at the meeting. A representative of the Arkansas Children's Hospital was in attendance. The Board briefly discussed the status of this application. It was determined that inasmuch as Mr. Carpenter had once again failed to appear before the Board and further documentation of the proposal had not been received that it would be appropriate to take action on the matter. A motion was then made to deny the application. The motion passed by a vote of 6 ayes, 0 noes, 2 absent.