HomeMy WebLinkAboutZ-4863-B Staff AnalysisJanuary 26, 2004
ITEM NO.: 1
File No.: Z-4863-B
Owner: Daniels General Contractors, Inc.
Address: 10600 Otter Creek East Blvd.
Description: Lot 9, Area 102, Otter Creek Industrial
Park Addition
Zoned: 1-2
Variance Requested: A time extension is requested for a
previously approved variance from the
temporary building provisions of Section
36-202.
Justification: The applicant's justification is presented
in an attached letter.
Present Use of Property: Temporary Office
Proposed Use of Property: Temporary Office
STAFF REPORT
A. Public Works Issues:
No Comments-
B. Staff Analysis:
The 1-2 zoned property at 10600 Otter Creek East Blvd. is occupied by a
one-story temporary office building, located within the south portion of the
property. There is a small gravel parking area along the north side of the
building. The remainder of this 1.6 acre tract is undeveloped. The
property is currently "for sale".
Section 36-202 of the City's Zoning Ordinance allows for the placement of
temporary buildings as follows:
"(a) The director of the city department having planning authority
and responsibility may allow a temporary building, preregulation
January 26, 2004
ITEM NO.: 1 (Cont.
mobile home or manufactured home for commerce, or industry in
any district where such building is used
(1) Incidental to construction on a site or development of a
residential subdivision, or
(2) As a temporary office, store, or other facility while the primary
structure on the same site is being remodeled or constructed.
(b) Such temporary building, mobile home, or manufactured home
may be allowed for any period of time up to one (1) year, after
which the board of zoning adjustment must rule on an extension of
time."
Staff became involved in this case in January of 2003, by way of a citizen
complaint. The Enforcement Staff issued Bo Daniels, the property owner,
a notice to remove the structure, but since the property was "for sale",
staff administratively allowed him additional time to remove the structure
from the property (6 months).
On July 28, 2003, the Board of Adjustment approved a six (6) month time
extension for the placement of the temporary office building. The
temporary building was required to be removed by January 28, 2004. As
of this writing, the property has not yet sold and Mr. Daniels has recently
entered into a contract with a new real estate company. Therefore,
Mr. Daniels is requesting an additional six (6) months to remove the
structure. Please see his attached letter for further explanation.
Staff recommends approval of the requested time extension. Staff feels
that an extension of time to remove the temporary office building from this
industrial subdivision is reasonable, however, six (6) additional months is
the maximum time staff will support. The applicant noted that he
purchased the property in September 2001 with the temporary office
building in place. Staff feels that adequate time has elapsed for the
property to sell or permanently develop and for the temporary building to
be removed. However, given the industrial nature of this subdivision, staff
feels that an additional six (6) months will not adversely affect the
surrounding properties or the general area.-
C. Staff Recommendations:
Staff recommends approval of the requested six (6) month time extension
for the placement of the temporary office building. The temporary building
must be removed from the property no later than July 26, 2004.
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January 26, 2004
ITEM NO.: 1 (Cont.
BOARD OF ADJUSTMENT: (JANUARY 26, 2004)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 4 ayes, 0 nays and 1 absent.
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July 28, 2003
NO.: 3
File No.: Z-4863-B
Owner: Daniels General Contractors, Inc.
Address: 10600 Otter Creek East Blvd.
Description: Lot 9, Area 102, Otter Creek Industrial
Park Addition
Zoned: 1-2
Variance Requested: A variance is requested from the temporary
building provisions of Section 36-202 to
allow a time extension on the placement of
a temporary building.
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No issues.
B. Staff Analysis:
The applicant's justification is presented in
an attached letter.
Temporary Office
Temporary Office
The 1-2 zoned property at 10600 Otter Creek East Blvd. is occupied by a
one-story temporary office building, located within the south portion of the
property. There is a small gravel parking area along the north side of the
building. The remainder of this 1.6 acre tract is undeveloped. The
property is currently "for sale".
Section 36-202 of the City's Zoning Ordinance allows for the placement of
temporary buildings as follows:
"(a) The director of the city department having planning authority
and responsibility may allow a temporary building, preregulation
July 28, 2003
Item No.: 3 (Cont.
mobile home or manufactured home for commerce, or industry in
any district where such building is used
(1) Incidental to construction on a site or development of a
residential subdivision, or
(2) As a temporary office, store, or other facility while the primary
structure on the same site is being remodeled or constructed.
(b) Such temporary building, mobile home, or manufactured home
may be allowed for any period of time up to one (1) year, after
which the board of zoning adjustment must rule on an extension of
time."
Staff became involved in this case in January of this year, by way of a
citizen complaint. The Enforcement Staff issued Bo Daniels, the property
owner, a notice to remove the structure, but since the property was "for
sale", staff administratively allowed him additional time to remove the
structure from the property (6 months). As of this writing, the property has
not yet sold, and Mr. Daniels is requesting an additional six (6) months to
remove the structure. Please see his attached letter for further
explanation.
Staff recommends approval of the requested time extension. Staff feels
that a extension of time to remove the temporary office building from this
industrial subdivision is reasonable, however, six (6) months is the
maximum time staff will support. The applicant notes that he purchased
the property in September 2001 with the temporary office building in
place. Staff feels that adequate time has elapsed for the property to sell
or permanently develop and for the temporary building to be removed.
However, given the industrial nature of this subdivision, staff feels that an
additional six (6) months will not adversely affect the surrounding
properties or the general area.
C. Staff Recommendations:
Staff recommends approval of the requested six (6) month time extension
for the placement of the temporary office building. The temporary building
must be removed from the property no later than January 28, 2004.
BOARD OF ADJUSTMENT: (JULY 28, 2003)
The applicant was present. There were no objectors present. Staff presented
the item and a recommendation of approval.
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July 28, 2003
Item No.: 3 (Cont.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as recommended by
staff by a vote of 5 ayes and 0 nays.
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