HomeMy WebLinkAboutZ-5252-A Staff AnalysisJUNE 28, 2010
ITEM N
File No.: Z -5252-A
Owner: Mustafa A. Almagalch
Applicant: Terry Burruss
Address: 2608 Maple Street
Description: Lots 3-5, Block 9, R.C. Butler's Addition
Zoned: C-1 and C-3
Variance Requested: Variances are requested from the area provisions of Section 36-
299 to allow a commercial building with a reduced front setback.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Convenience Store with Gas Pumps
Proposed Use of Property: Convenience Store with Gas Pumps
STAFF REPORT
A. Public Works Issues:
No Comments
B. Landscape and Buffer Issue:
1. The site plan must comply with the City's Landscape and Buffer
requirements.
2. A screening fence must be constructed along the north and west property
lines, where adjacent to residential zoned property. Based on the fact that
there is an existing commercial building, the screening fence along the
north property line will be in -lieu of landscape plantings within the buffer
area.
C. Staff Analysis:
The C -1/C-3 zoned property at 2608 Maple Street is occupied by a one-story block
commercial building within the north portion of the property and a convenience
store building with gas pump canopy within the south portion. The property is
located at the northwest corner of Maple Street and Asher Avenue. Driveways
JUNE 28, 2010
ITEM NO.: 1 (CON'T.
from Maple Street and Asher Avenue serve the site. There is paved parking within
the south portion of the property.
The applicant recently began remodeling the northernmost commercial building
which had a nonconforming, reduced building setback from the front (east)
property line. The building is located 19 feet back from the front (east) property
line and 5.3 feet back from the north side property line. Because the applicant
actually removed and rebuilt a large portion of the building a variance will be
required to address the reduced front setback. The overall development plan for
the property includes removing the old convenience store building and refurbishing
the gas pump canopy area. The easternmost driveway along Asher Avenue will be
closed with new concrete driveway aprons for the other drives. A redesigned
paved parking area will be located within the southern area of the property. The
northernmost building will house the new convenience store.
Section 36-299(e))(1) of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for the C-1 zoned lot. Therefore, the applicant is requesting a
variance to allow the reconstruction of a portion of the existing commercial building
with a front setback of 19 feet.
Staff is supportive of the requested setback variance. Staff views the issue as very
minimal. The variance is required based on the fact that the applicant actually
removed and rebuilt a portion of the existing commercial building instead of just
remodeling it. The front (east) building wall is located the same distance back from
the front property line as has existed for a number of years. Staff believes that the
overall redevelopment plan for this property is appropriate and will be a quality
improvement along this section of Asher Avenue. Staff believes the continuation of
the reduced front setback for the existing commercial building will have no adverse
impact on the adjacent properties or the general area.
D. Staff Recommendation:
Staff recommends approval of the requested front setback variance, subject to
compliance with the landscape and buffer comments as noted in paragraph B. of
the staff report.
BOARD OF ADJUSTMENT: (JUNE 28, 2010)
The applicant was present. There were no objectors present. Staff presented the item
and a recommendation of approval as noted in the "staff recommendation" above.
There was no further discussion. The item was placed on the consent agenda and
approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.