HomeMy WebLinkAboutZ-4737-A Staff AnalysisJuly 29, 1996
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File No.
Owner -
Address•
Description:
Z-4737-A
escri tion -
Zoned:
Variance Requested:
Justification:
Present Use of Pr❑ ert :
Proposed Use of Property:
Staff Report•
A. Puhlic Works Comments:
Z -4737-A
Jim Morrow and Bonnie Morrow
6209 Murray Street
Lot 48, Little Rock Industrial
District
I-2
A deferral of the pavement
requirements of Section 36-508 is
requested to permit use of an
unimproved parking lot for a period
of 18 months.
The applicant intends to comply
fully with the paving and
landscaping requirements, but
states it would be difficult to do
so at this time.
Morrow Insulation Company
Morrow Insulation Company
Applicants are required by City Ordinance to Taintain the
curbs, gutters and sidewalks adjacent to property. Any of
these damaged prior to or because of construction shall be
repaired at the owner's expense.
B. Staff Analysis:
Morrow Insulation Company occupies the I-2 zoned property
located at 6209 Murray Street. The property contains a one
story, 6,000 square foot building; a small, asphalt paved
parking lot located between the building and the street; and
an unimproved parking area located north of the building.
The unimproved parking area consists of gravel which extends
from the curb of the street to a point just -past the back
corner of the building. Morrow just recently acquired the
property and constructed the gravel parking area. The
applicant was issued a notice informing him that the gravel
parking area is a violation of Section 36-508 which states:
July 29, 1996 -
Item No.: 2 (Cont.
Every parcel of land which after the
effective date of this chapter is changed to
a parking area, automobile, other vehicle or
trailer sales or storage area or automobile
or motor vehicle service station, garage or
other vehicle use area shall be paved where
subject to wheeled traffic. The minimum
pavement requirement shall be one and one-
half (1 1/2) inches asphaltic concrete hot
mix with five -inch compacted base or a double
surface treatment with a five -inch compacted
base or four -inch concrete slab and shall
have appropriate bumper guards where needed.
Asphalt roofing and by-products of its
manufacture are expressly prohibited as a
base course or as surfacing material on
parking lots and/or drives.
The applicant states that he intends to comply fully with
the paving and landscaping requirements but that it would be
difficult to do so at this time. He is requesting an 18
month deferral of the paving requirement.
The property is located three blocks north of 65th Street,
in the 65th Street Industrial Park. All surrounding
properties are zoned I-2 or I-3 and contain a wide variety
of Industrial uses. The property adjacent to the east is
vacant and heavily wooded. Industrial uses occupy the
properties to the north, south and across Murray Street to
the west. There are a few other substandard parking lots
scattered throughout the 65th Street Industrial Park.
While staff can support a short-term deferral of the paving
requirement in this particular instance, there are concerns
about the current use of the graveled area. The gravel has
been extended to the curb line of Murray Street and vehicles
are "jumping the curb" to access the site. There are two
paved driveways on the property, one concrete and one
asphalt. Section 30-43 of the Code of ordinances requires a
concrete apron from the right-of-way to the curb of the
street. The applicant must comply with this regulation by
taking measures to eliminate the illegal access to the
property. The gravel must be pulled back to a point behind
the right-of-way line and measures taken to prohibit "curb
jumping" to access the site. Cross ties or posts would
serve as a temporary measure until such time as a properly
paved and landscaped parking lot is constructed.
C. Staff Recommendation:
Staff recommends approval of an 18 month deferral of the
paving requirements of Section 36-508 subject to the
following conditions:
E
July 29, 1996
Item No.: 2 (Cont.)
1. At the end of the 18 month period, the parking area
must be paved and landscaped to comply with City code.
2. Access to the site from Murray Street must immediately
comply with City Code. Measures must be taken to
remove the gravel from the public right-of-way and to
prohibit "curb jumping" to access the unimproved
parking lot.
BOARD OF ADJUSTMENT: (JULY 29, 1996)
The Chairman asked that Richard Wood, of the Staff, offer the
staff recommendation. Wood briefly reviewed the application
identifying the request and the staff recommendation for approval
of the application. Wood also pointed out to the Board that in
this application there was a 3 day late notice mailed which would
require a bylaw waiver or variance from the Board if they wish to
pursue the application.
Receiving this information, the Chairman then asked if there was
someone present representing the application. Mr. Jim Morrow
came forward and identified himself. Mr. Morrow offered a brief
comment on his application. He offered specific commentary having
to do with the gravel and how he had agreed to work with Public
Works to get that out of the right-of-way. In response to some
of the comments from staff, he offered that not utilizing the
current access point over the curb would cause some problem in
the long wheel base vehicles such as 18 -wheelers that could not
easily access this gravel parking lot utilizing the current
concrete driveway.
He also offered some concern about what the staff meant by
railroad ties or some device to prevent access over the curb
which was identified in the staff's write-up as curb jumping.
The staff then proceeded to try to identify for Mrs Morrow what
it meant by that basic direction. Wood said being that he should
utilize the existing curb cut and some physical device be placed
out there between the curb and the property line or at the
property line such as railroad ties. This would prevent people
from driving over the curb and onto the gravel as they are
currently.
A somewhat lengthy discussion followed at this point. It
involved Mr. Morrow and several of the board members (it was
unidentifiable on the tape) and Richard Wood, of the Staff with
David Scherer of Public Works. This conversation dealt with the
manner in which Mr. Morrow could provide for resolution of the
problem identified by staff, which is curb jumping. David
Scherer inserted a thought that if Mr. Morrow would simply
present a plan to Public Works for construction of the concrete
apron that normally would be built between the curb and the
property line. This would solve the problem and would keep the
f
July 29, 1996
Item No.: 2 (Cont.
gravel from being tracked into the street and would answer the
staff's concerns about driving over the curb. The end of this
discussion produced an understanding between Public Works and Mr.
Morrow. Mr. Morrow would proceed as soon as possible to have
designed and presented a plan to construct the concrete apron
from the property line of the street.
After resolving this point and Mr. Morrow generally accepting the
recommendation of the staff, a board member inserted a reminder
that there was the 3 -day late issue related to the bylaw and
notice. Staff suggested that a board member might make a motion
to waive that requirement or vary the standard to permit the 3 -
day late notice. This, of course, should be done prior to taking
a vote on the application.
The Chairman asked staff if any comments have been received on
this, particularly from objectors. Staff responded by saying no.
The Chairman determined for the record that there was no else
present to speak on this issue. He then placed the issue of the
notice requirement on the floor for a vote. A motion was made to
accept the notices as they were mailed with the 3 -day late. The
motion passed by a vote of 6 ayes, 1 nay and 2 absent (no vote
was Willie L. Brooks).
The Chairman then placed the issue on the floor for a vote on the
variance request. Prior to a motion being made, board member
Willie Lee Brooks, Jr. asked a question directed to item no. 2 on
the staff write-up. His question was what was the final
understanding in regards to the curb. This point was clarified
by saying the gentleman had agreed that the concrete apron would
be constructed between the street and the property line. They
are providing a proper drive surface in -lieu of backing over the
curb. And the word "immediately" attached to it meaning that
within perhaps 30 to 60 days.
David Scherer introduce to the record that the idea a motion
could be made by the board which would endorse 30 to 60 days as
the timeframe for initiating the construction. Board member
Brooks asked Mr. Morrow what his understanding was. Mr. Morrow
indicated he understood that he would proceed immediately with
the concrete apron and that 30 to 45 days was not a problem.
The Chair then asked if any board member cared to make a motion
on this item. A motion was made to approve the application as
recommended by the staff with the understanding that has been
reached in our discussion on the driveway apron. Mr. Brooks
indicated that he did not desire to add a specific time limit to
the motion. The motion was seconded and passed by a vote of
7 ayes, 0 nays and 2 absent.
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