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HomeMy WebLinkAboutZ-4189 Staff AnalysisMarch 27, 1984 Item No. 8 - Z-4189 Owner: Henry Coleman Applicant: Same Location: 1801 East 6th Street Request: Rezone from "R-4" Two Family to "I-2" Light Industrial Purpose: Auto Parts - Retail Size: 7,000 square feet + Existing Use: Auto Parts (Nonconforming Use) SURROUNDING LAND USE AND ZONING: North - Public, Zoned "R-4" South , - Single Family, Zoned "R-4" East - Single Family, Zoned "I-2" West - Vacant, Zoned "I-2" PLANNING CONSIDERATIONS: 1. The request is to rezone one lot to "I-2" to allow an auto parts store. The lot to the east is zoned "I-2" and the proposal is to utilize the two lots for one building and a parking area. The lot in question is occupied by a structure housing the existing auto parts store and the other lot has a single family residence on it. If the rezoning is accomplished, both of the structure will be removed and the new building will be constructed. The new structure will be an improvement over the two existing ones. The rezoning of the lot to "I-2" should not create any additional problems for the neighborhood because the existing industrial zoning and the mix of land uses in the immediate area. The existing zoning and land use patterns have already impacted the livability of this area south of East 6th, and it appears that the predominant use will be industrial or some other type of nonresidential use. 2. The site is a typical residential lot with a nonresidential structure on it. March 27, 1984 Item No. 8 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues. 6. There is no documented neighborhood position relative to the site. The property has been zoned "R-4" for a number of years. 7. The staff position is the proposed building will upgrade an existing use that appears to be fairly compatible with the area and supports the request. Two marginal structures will be removed if the rezoning is approved and a new building will be placed on the property. This type of investment in an area should be encouraged and may be the needed the catalyst to initiate other improvements in the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the request. March 19, 1984 Item No. 1 - Z-4189 Owner: Ralph Coppess Address: 1004 Commerce Street Description: South 47.5 feet of the East 89 feet of Lot 10 and the North 1/2 of Lot 9, Block 58, Original City Zoned: "HR" High Density Residential variance Requested: From the accessory building setback provisions of Section 43/7A-104 to permit a new accessory building constructed on the property line (north and west sides). Ordinance requires 5 feet. JUSTIFICATION: 1. The proposed site serves the owner's needs for privacy, accessibility and security. 2. It replaces the existing building which sets on the north and west lines. Present Use of Property: Proposed Use of Property: STAFF REPORT: A. Single Family Single Family Engineering Issues As of this writing, no adverse comments have been received. B. Staff Analysis The proposal is to remove a deteriorating garage that is situated on two lots and replace it with a new accessory building. The new structure, a pool house, will be located on the lot in question on the property line. The pool house will be a vast,improvement over the existing building and should not create any problems for the immediate neighborhood. Other locations on the property were looked at but all presented problems. The primary considerations for March 19, 1984 Item No. 1 - Continued the proposed location were its accessibility to the pool and house and cost of running the needed mechanical lines. C. Staff Recommendation Approval of the request as filed, providing complete removal of the existing structure takes place on both sides of the property line. BOARD OF ADJUSTMENT ACTION: The applicant was represented by Walt Stephens an architect. Staff presented a letter from the property owner to the north stating that he plans to continue to use his half of the building. Mr. Stephens stated at the time of filing the variance request, it was his understanding that all parties had agreed to the removal of the entire structure and that he was unaware of this new development. David Martinsen, the property owner to the north, was present and addressed his concerns. Mr. Martinsen indicated that if the structure was removed and a new garage was built it would have to be 5 feet from the property line and that would create problems. Because of the size of the lot, Mr. Martinsen said he would like to continue to have the building on the property line. Mr. Martinsen's father also spoke in favor of continuing to use their half of the building. Staff informed the Board that they would be very reluctant to support a variance on Mr. Martinsen's property. After a lengthy discussion, motion was made to approve the variance* subject to the entire structure being removed and a letter being submitted to the staff from the two parties agreeing to that condition. The motion passed by a vote of 6 ayes, 0 noes, 2 absent and 1 open position. March 27, 1984 Item No. -8 - Z-4189 Owner: Applicant: Location: Request: Purpose: Size: Henry Coleman Same 1801 East 6th Street Rezone from "R-4" Two Family to "I-2" Light Industrial Auto Parts - Retail 7,000 square feet + Existing Use: Auto Parts (Nonconforming Use) SURROUNDING LAND USE AND ZONING: North - Public, Zoned "R-4" South - Single Family, Zoned "R-4" East - Single Family, Zoned "I-2" West - Vacant, Zoned "I-2" PLANNING CONSIDERATIONS: 1. The request is to rezone one lot to "I-2" to allow an auto parts store. The lot to the east is zoned "I-2" and the proposal is to utilize the two lots for one building and a parking area. The lot in question is occupied by a structure housing the existing auto parts store and the other lot has a single family residence on it. If the rezoning is accomplished, both of the structure will be removed and the new building will be constructed. The new structure will be an improvement over the two existing ones. The rezoning of the lot to "I-2" should not create any additional problems for the neighborhood because the existing industrial zoning and the mix of land uses in the immediate area. The existing zoning and land use patterns have already impacted the livability of this area south of East 6th, and it appears that the predominant use will be industrial or some other type of nonresidential use. 2. The site is a typical residential lot with a nonresidential structure on it. March 27, 1984 Item No. 8 - Continued 3. There are no right-of-way requirements or Master Street Plan issues associated with this request. 4. There have been no adverse comments received from the reviewing agencies at this time. 5. There are no legal issues. 6. There is no documented neighborhood position relative to the site. The property has been zoned "R-4" for a number of years. 7. The staff position is the proposed building will upgrade an existing use that appears to be fairly compatible with the area and supports the request. Two marginal structures will be removed if the rezoning is approved and a new building will be placed on the property. This type of investment in an area should be encouraged and may be the needed the catalyst to initiate other improvements in the neighborhood. STAFF RECOMMENDATION: Staff recommends approval of the request. PLANNING COMMISSION ACTION: The applicant was present. There were no objectors present. After a brief discussion, a motion was made to recommend approval of the request as filed. The motion passed by a vote of 10 ayes, 0 noes and 1 absent.