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HomeMy WebLinkAboutZ-3888-A Staff AnalysisMarch 19, 1984 Item No. B - Z -3888-A Owner: Martin S. Dorman Address: 9901 West Markham Street Description: Long Legal Zoned: "C-3" General Commercial District Variance Requested: 1. From the front, side and rear yard setback provisions of Section 43/7-103.3.0 of the Code of Ordinances to permit construction of a 24' x 41.2' addition for a second business and two freestanding pump island canopies. 2. From the parking requirements of Section 43/8-101 to permit less than required number of parking spaces. He provides 5 spaces not including any of the 8 stalls at the pump islands. The Ordinance requires a total of 14 for all uses as proposed. JUSTIFICATION: The owner states that: 1. He would like to place in use a pump island facility which was in use and uncovered as recent as five years ago. 2. Ten feet of clearance is needed for cars and should be covered on the street side. 3. The street side is on a dead-end street with low traffic generation. 4. The canopies would provide additional lighting for the site. 5. This plan will allow us to offer diesel fuel. 6. The rear yard construction variance is needed to permit a four -bay work area. March 19, 1984 Item No. B - Continued 7. The lot adjacent on the south is owned by this same owner. Present Use of the Property: Service Station Proposed Use of the Property: Floor space for second business being an auto detail shop which is more or less a car wash. STAFF REPORT: A. Engineering Issues Boundary street improvements are required along Oak Lane on the west side of this lot. Also, Markham Street curb cuts should be reviewed for conformance to City Ordinance. B. Staff Analysis This request as filed offers little or no justification for variance as specified by Ordinance. Two of the requested actions directly tie to increases in investment return. The Ordinance suggests pecuniary difficulties are not grounds for variance. The pump island canopies proposed are as a separate issue justifiable because a public service is involved and convenience and safety are factors allowed in the Ordinance. The proposed 24' x 411 car wash addition is in our view inappropriate and causes the site to be grossly overbuilt. We say this in light of the parking requirement being 14 cars. This number is a 100 percent increase over the existing requirement which can barely be accommodated on the site. C. Staff Recommendation Denial of the request as filed and recommend that only those variances necessary to permit the pump islands and canopies location be granted. We would encourage the attachment of street improvements to the issuance of a variance. March 19, 1984 Item No. B - Continued BOARD OF ADJUSTMENT ACTION: (2-21-84) The applicant, Mr. Martin Dorman, was present as was Mike Skipper, his spokesman. There were no objectors in attendance. However, staff received one letter of objection from a neighbor. A lengthy discussion of the proposal and the options offered followed. Mr. Skipper suggested that the use to be located in the new addition was in fact not a new use to the site, but consisted of movement from the service station service bays to this area. The Board then discussed the potential for violations of the zoning on the site if the proposed new structure were converted to a garage or auto service facility which is not permitted in "C-3" zoning. The issue of the nonconforming status of the service station was discussed with the result that it was determined that two uses were being discussed and that the service station's base use was not changed by the initiation or construction of the separate activity in the new addition. The discussion then moved to the area of the proposal for canopies above the pump islands, and the intrusion of the new island into the setback area. Staff and Board agreed that the proposals for the pump islands were in the public interest and appropriate. The discussion then moved to the area of perhaps separating this application into at least two hearing processes, the first of which the Board would deal with at this meeting and the second of which would be deferred. A motion was then made to approve the variances as necessary to permit the location of the pump islands and canopies. The motion included the caution to the applicant to file the appropriate information with Arkansas Power and Light Company for their review of the structural involvement. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. A second motion was then made. The motion was to defer the issue of the building addition on the rear to March 19, 1984, in order to permit the owner and the user time to develop their needs and return to the Board with additional justification and supporting information on that proposal. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. BOARD OF ADJUSTMENT ACTION: (3-19-84) The applicant, Martin Dorman, was present. There were no objectors present. Staff reviewed the case and informed the Board that the applicant had modified his application and reduced the size of the proposed addition. Because of the reduction to approximately one-half of what was originally proposed, the staff was more supportive of the request. March 19, 1984 Item No. B - Continued Mr. Dorman also informed the Board that the property owner to the east had agreed to offer his parking lot for any additional parking. A motion was made to approve the variance with the condition that the addition not be constructed to allow future conversion into an auto repair facility. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. r � February 21, 1984 Item No. 8 - Z -3888-A Owner: Martin S. Dorman Address: 9901 West Markham Street Description: Long Legal Zoned: "C-3" General Commercial District Variance Requested: 1. From the front, side and rear yard setback provisions of Section 43/7-103.3.0 of the Code of Ordinances to permit construction of a 241 x 41.2' addition for a second business and two freestanding pump island canopies. 2. From the parking requirements of Section 43/8-101 to permit less than required number of parking spaces. He provides 5 spaces not including any of the 8 stalls at the pump islands. The Ordinance requires a total of 14 for all uses as proposed. JUSTIFICATION: The owner states that: 1. He would like to place in use a pump island facility which was in use and uncovered as recent as five years ago. 2. Ten feet of clearance is needed for cars and should be covered on the street side. 3. The street side is on a dead-end street with low traffic generation. 4. The canopies would provide additional lighting for the site. 5. This plan will allow us to offer diesel fuel. 6. The rear yard construction variance is needed to permit a four -bay work area.. February 21, 1984 Item No. 8 e Continued 7. The lot adjacent on the south is owned by this same owner. Present Use of the Property: Service Station Proposed Use of the Property: Floor space for second business being an auto detail shop which is more or less a car wash. STAFF REPORT: A. Engineering Issues Boundary street improvements are required along Oak Lane on the west side of this lot. Also, Markham Street curb cuts should be reviewed for conformance to City Ordinance. B. Staff Analsis This request as filed offers little or no justification for variance as specified by Ordinance. Two of the requested actions directly tie to increases in investment return. The Ordinance suggests pecuniary difficulties are not grounds for variance. The pump island canopies proposed are as a separate issue justifiable because a public service is involved and convenience and safety are factors allowed in the Ordinance. The proposed 24' x 41' car wash addition is in our view inappropriate and causes the site to be grossly overbuilt. We say this in light of the parking requirement being 14 cars. This number is a 100 percent increase over the existing requirement which can barely be accommodated on the site. C. Staff Recommendation Denial of the request as filed and recommend that only those variances necessary to permit the pump islands and canopies location be granted. We would encourage the attachment of street improvements to the issuance of a variance. . . . February 21, 1984 Item No. 8 - Continued BOARD OF ADJUSTMENT ACTION: The applicant, Mr. Martin Dorman, was present as was Mike Skipper, his spokesman. There were no objectors in attendance. However, staff received one letter of objection from a neighbor. A lengthy discussion of the proposal and the options offered followed. Mr. Skipper suggested that the use to be located in the new addition was in fact not a new use to the site, but consisted of movement from the service station service bays to this area. The Board then discussed the potential for violations of the zoning on the site if the proposed new structure were converted to a garage or auto service facility which is not permitted in "C-3" zoning. The issue of the nonconforming status of the service station was discussed with the result that it was determined that two uses were being discussed and'that the service station's base use was not changed by the initiation or construction of the separate activity in the new addition. The discussion then moved to the area of the proposal for canopies above the pump islands, and the intrusion of the new island into the setback area. Staff and Board agreed that the proposals for the pump islands were in the public interest and appropriate. The discussion then moved to the area of perhaps separating this application into at least two hearing processes, the first of which the Board would deal with at this meeting and the second of which would be deferred. A motion was then made to approve the variances as necessary to permit the location of the pump islands and canopies. The motion included the caution to the applicant to file the appropriate information with Arkansas Power and Light Company for their review of the structural involvement. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. A second motion was then made. The motion was to defer the issue of the building addition on the -rear to March 19, 1984, in order to permit the owner and the user time to develop their needs and return to the Board with additional justification and supporting information on that proposal. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. March 19, 1984 Item No. B - Z -3888-A Owner: Martin S. Dorman Address: 9901 West Markham Street Description: Long Legal Zoned: "C-3" General Commercial District variance Requested: 1. From the front, side and rear yard setback provisions of Section 43/7-103.3.0 of the Code of Ordinances to permit construction of a 24' x 41.2' addition for a second business and two freestanding pump island canopies. 2. From the parking requirements of Section 43/8-101 to permit less than required number of parking spaces. He provides 5 spaces not including any of the 8 stalls at the pump islands. The Ordinance requires a total of 14 for all uses as proposed. JUSTIFICATION: The owner states that: 1. He would like to place in use a pump island facility which was in use and uncovered as recent as five years ago. 2. Ten feet of clearance is needed for cars and should be covered on the street side. 3. The street side is on a dead-end street with low traffic generation. 4. The canopies would provide additional lighting for the site. 5. This plan will allow us to offer diesel fuel. 6. The rear yard construction variance is needed to permit a four -bay work area. March 19, 1984 Item No. B - Continued 7. The lot adjacent on the south is owned by this same owner. Present Use of the Property: Service Station Proposed Use of the Property: Floor space for second business being an auto detail shop which is more or less a car wash. STAFF REPORT: A. Engineering Issues Boundary street improvements are required along Oak Lane on the west side of this lot. Also, Markham Street curb cuts should be reviewed for conformance to City Ordinance. B. Staff Analysis This request as filed offers little or no justification for variance as specified by Ordinance. Two of the requested actions directly tie to increases in investment return. The Ordinance suggests pecuniary difficulties are not grounds for variance. The pump island canopies proposed are as a separate issue justifiable because a public service is involved and convenience and safety are factors allowed in the Ordinance. The proposed 24' x 41' car wash addition is in our view inappropriate and causes the site to be grossly overbuilt. We say this in light of the parking requirement being 14 cars. This number is a 100 percent increase over the existing requirement which can barely be accommodated on the site. C. Staff Recommendation Denial of the request as filed and recommend that only those variances necessary to permit the pump islands and canopies location be granted. We would encourage the attachment of street improvements to the issuance of a variance. March 19, 1984 Item No. B - Continued BOARD OF ADJUSTMENT ACTION: (2-21-84) The applicant, Mr. Martin Dorman, was present as was Mike Skipper, his spokesman. There were no objectors in attendance. However, staff received one letter of objection from a neighbor. A lengthy discussion of the proposal and the options offered followed. Mr. Skipper suggested that the use to be located in the new addition was in fact not a new use to the site, but consisted of movement from the service station service bays to this area. The Board then discussed the potential for violations of the zoning on the site if the proposed new structure were converted to a garage or auto service facility which is not permitted in "C-3" zoning. The issue of the nonconforming status of the service station was discussed with the result that it was determined that two uses were being discussed and that the service station's base use was not changed by the initiation or construction of the separate activity in the new addition. The discussion then moved to the area of the proposal for canopies above the pump islands, and the intrusion of the new island into the setback area. Staff and Board agreed that the proposals for the pump islands were in the public interest and appropriate. The discussion then moved to the area of perhaps separating this application into at least two hearing processes, the first of which the Board would deal with at this meeting and the second of which would be deferred. A motion was then made to approve the variances as necessary to permit the location of the pump islands and canopies. The motion included the caution to the applicant to file the appropriate information with Arkansas Power and Light Company for their review of the structural involvement. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. A second motion was then made. The motion was to defer the issue of the building addition on the rear to March 19, 1984, in order to permit the owner and the user time to develop their needs and return to the Board with additional justification and supporting information on that proposal. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. BOARD OF ADJUSTMENT ACTION: (3-19-84) The applicant, Martin Dorman, was present. There were no objectors present. Staff reviewed the case and informed the Board that the applicant had modified his application and reduced the size of the proposed addition. Because of the reduction to approximately one-half of what was originally proposed, the staff was more supportive of the request. March 19, 1984 Item No. B - Continued Mr. Dorman also informed the Board that the property owner to the east had agreed to offer his parking lot for any additional parking. A motion was made to approve the variance with the condition that the addition not be constructed to allow future conversion into an auto repair facility. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. Nva (CCP t q , 19 'Sr4- Item No. 4;Z -3888-A Owner: Martin S. Dorman Address: 9901 West Markham Street Description: Long Legal Zoned: "C-3" General Commercial District Variance Requested: 1. From the front, side and rear yard setback provisions of Section 43/7-103.3.0 of the Code of Ordinances to permit construction of a 24' x 41.2' addition for a second business and two freestanding pump island canopies. 2. From the parking requirements of Section 43/8-101 to permit less than required number of parking spaces. He provides 5 spaces not including any of the 8 stalls at the pump islands. The Ordinance requires a total of 14 for all uses as proposed. JUSTIFICATION: The owner states that: 1. He would like to place in use a pump island facility which was in use and uncovered as recent as five years ago. 2. Ten feet of clearance is needed for cars and should be covered on the street side. 3. The street side is on a dead-end street with low traffic generation. 4. The canopies would provide additional lighting for the site. 5. This plan will allow us to offer diesel fuel. 6. The rear yard construction variance is needed to permit a four -bay work area. Feoruary 21, 1984 Item No. 8 - Continued 7. The lot adjacent on the south is owned by this same owner. Present Use of the Property: Service Station Proposed Use of the Property: Floor space for second business being an auto detail shop which is more or less a car wash. STAFF REPORT: A. Engineering Issues Boundary street improvements are required along Oak Lane on the west side of this lot. Also, Markham Street curb cuts should be reviewed for conformance to City Ordinance. B. Staff Analysis This request as filed offers little or no justification for variance as specified by Ordinance. Two of the requested actions directly tie to increases in investment return. The Ordinance suggests pecuniary difficulties are not grounds for variance. The pump island canopies proposed are as a separate issue justifiable because a public service is involved and convenience and safety are factors allowed in the Ordinance. The proposed 24' x 41' car wash addition is in our view inappropriate and causes the site to be grossly overbuilt. We say this in light of the parking requirement being,14 cars. This number is a 100 percent increase over the existing requirement which can barely be accommodated on the site. C. Staff Recommendation Denial of the request as filed and recommend that only those variances necessary to permit the pump islands and canopies location be granted. We would encourage the attachment of street improvements to the issuance of a variance. February 21, 3.984 Item No. 8 - Continued BOARD OF ADJUSTMENT ACTION: The applicant, Mr. Martin Dorman, was present as was Mike Skipper, his spokesman. There were no objectors in attendance. However, staff received one letter of objection from a neighbor. A lengthy discussion of the proposal and the options offered followed. Mr. Skipper suggested that the use to be located in the new addition was in fact not a new use to the site, but consisted of movement from the service station service bays to this area. The Board then discussed the potential for violations of the zoning on the site if the proposed new structure were converted to a garage or auto service facility which is not permitted in "C-3" zoning. The issue of the nonconforming status of the service station was discussed with the result that it was determined that two uses were being discussed and,that the I service station's base use was not changed by the initiation or construction of the separate activity in the new addition. The discussion then moved to the area of the proposal for canopies above the pump islands, and the intrusion of the new island into the setback area.Staff and Board agreed that the proposals fothhe pumhe discussion islands were in the public interest and appropriate. then moved to the area of perhaps separating this application into at least two hearing processes, the first of which the Board would deal with at this meeting and the second of which would be deferred. A motion was then made to approve the variances as necessary to permit the location of the pump islands and canopies. The motion included the caution to the applicant to file the appropriate information with Arkansas Power and Light Company for their review of the structural involvement. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions. I A second motion was then made. The motion was to defer the issue of the building addition on the rear to March 19, 1984, in order to permit the owner and the user time to develop their needs and return to the Board with additional justification and supporting information on that proposal. The motion passed by a vote of 5 ayes, 0 noes and 4 open positions.