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HomeMy WebLinkAboutZ-5496-A Staff AnalysisDecember 27, 1994 2 File No.: Z -5496-A Owner: Mrs. Kenneth Rash by Steven Creel Addrers: 7214 Cantrell Road Description: Lots 4, 5 and 6, Block 4, Abram's Subdivision Zoned: R-6 Variance Re ested: A variance is requested from the location of off-street parking regulations of Section 36-507 to permit expansion of a parking lot onto residentially zoned property. Justification: The applicant is currently constructing an addition onto the existing building which required the construction of several more parking spaces. Upon clearing the land in preparation for construction of the parking lot, the applicant found a row of five oak trees ranging in size from 18 to 30 inches in diameter. In order to save these trees, the parking lot was redesigned. The redesigned parking lot intrudes approximately 50 feet onto the R-6 zoned portion of Lots 4, 5 and 6. Present Use of Propert The R-6 zoned portion of Lots 4, 5 and 6 is currently undeveloped and densely wooded. Proposed Use of Pr pgrt_y_: Construction of a portion of a parking lot, leaving 50+ feet of densely wooded area. Staff Report: A. Encrineering Issues: Dedicate right-of-way for Cantrell Road to bring right-of- way from centerline to 40 feet in width. Since the proposed variance involves a change of use on the residentially zoned property, staff feels that it is appropriate to require this December 27, 1994 Item No.: 2 dedication. Current building permit No. 94-120 required improvements to streets and sidewalks. B. Staff Anal sis: In 1991, the south 50 feet of Lots 4, 5 and 6 were rezoned C-3 to allow for the future expansion of the business at 7214 Cantrell road. That expansion is currently underway and site preparation has begun for the required parking lot to the north of the business. Upon clearing the land of brush and undergrowth, a row of substantial oak trees was discovered. If the parking lot was constructed solely on the C-3 zoned portions of Lots 4, 5 and 6, this stand of trees would have to be removed. In order to save the trees, the applicant is requesting permission to redesign the parking lot so that it extends onto a portion of the remaining, residentially zoned portion of Lots 4, 5 and 6. The redesigned parking lot would also better facilitate the arrival of delivery trucks to the site, giving room for turning maneuvers. Since this building was constructed in 1971, delivery trucks have had to back onto the site from Cantrell Road, creating a dangerous condition for traffic on this very busy street. If the proposed variance is granted, the remaining 50+ feet of Lots 4, 5 and 6 will remain in their naturally, wooded state. Beyond these lots, to the north, is an area of OS zoning which further separates the parking lot from the nearest residential development. The property adjacent to the west is zoned C-4 and will not be impacted by the proposed variance. Staff feels that the proposal is reasonable and supports the requested variance. C. Staff Recommendation: Staff recommends approval of the requested parking lot variance subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer's Comments. BOARD OF ADJUSTMENT: (DECEMBER 27, 1994) The applicant, Steven Creel, was present. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer's Comments. 2 December 27, 1994 Item No.: 2 (Cont.) Steven Creel addressed the Board. He stated that construction on the site was underway based on an approved site plan which utilizes only the C-3 zoned property. He stated that during the site preparation, several nice trees were found that would have to be removed under the approved site plan. In an attempt to save these trees, Mr. Creel stated it was his desire to redesign the parking lot and intrude approximately 50 feet onto the R-6 zoned property. Jeff Hathaway asked Mr. Creel what area had been cleared. Mr. Creel responded that all of the area for the proposed parking lot had been cleared. Mr. Hathaway asked Mr. Creel how this proposed parking lot design would improve truck access to the site. Mr. Creel responded that trucks unloading at the site currently have to block traffic on Cantrell Road and then back onto the site. He stated that the redesigned parking lot would allow trucks to drive directly off of Cantrell Road without blocking traffic. Rebecca LeMaster, representing the Board of Timberridge Condominiums, addressed the Board. She stated that the buffer between the condominiums and the commercial property on Cantrell Road was not heavily wooded and was not effective during the winter months. Ms. LeMaster then asked if Mr. Creel could develop the rest of Lots 4, 5 and 6 commercially once this application is approved. Additionally, Ms. LeMaster asked what measures would be taken to secure the parking lot after hours to prevent it being used as a "hang out" by loiterers. In conclusion, Ms. LeMaster stated that there was a meeting of Timberridge Condominium owners scheduled for January 1995, and asked if this item could be deferred to that time. Chairman Borchert responded that there could be no further intrusion into the R-6 property without Board of Adjustment or Planning Commission action. Mr. Creel stated that access to the parking lot will be restricted after business hours. He stated that the immediate plans are to park a delivery truck across the driveway until a permanent solution is designed. Ms. LeMaster made reference to a letter which had been sent to the Board of Adjustment by David Potter. In that letter, Mr. Potter recommended that a reduction in the number of required parking spaces be granted rather than approving the proposed use of the R-6 property. Mr. Creel stated that he could live with a reduction in parking, if he had to but that he would rather not. 3 December 27, 1994 2 (Cont. Jeff Hathaway stated that he understood the neighbor's desire to maintain a green space between their property and the commercial property. Mr. Creel stated that the topography of the property would limit the future development of any use north of the parking lot. Ms. LeMaster reiterated her concerns about security and screening. Jeff Hathaway asked if the Board of Adjustment could require that the remainder of Lots 4, 5 and 6 be left as an "undisturbed buffer" as a condition of approval of the proposed parking lot. Mr. Creel stated that he was opposed to any restriction that would prevent his use of the R-6 zoned portions of Lots 4, 5 and 6. Beth Blevins, of the City Attorney's Office, informed the Board that it could impose any conditions in the granting of a variance to ensure compliance and to protect adjacent property. A motion was made to approve the requested parking lot variance subject to compliance with the City's Landscape and Buffer Ordinances, compliance with the City Engineer's Comments and subject to the applicant's agreement to maintain the remainder of Lots 4, 5 and 6 as an undisturbed buffer. Mr. Creel asked if his two options were to have the variance denied or to give up the use of the remainder of Lots 4, 5 and 6 in return for receiving the variance. Chairman Borchert responded that Mr. Creel could come back to the Board of Adjustment if and when any use is proposed for these lots or he could remove the portion of parking lot which extends onto Lots 4, 5 and 6 and develop them within the confines of the Ordinance. Dana Carney, of the Planning Staff, asked if Mr. Creel had agreed to the conditions. Mr. Creel responded that he did. A vote was taken on the motion. The motion was approved by a vote of 6 ayes, 1 noe, 1 absent and 1 open position. i 4 November 28, 1994 No.. 2 File No.: Owner Address- Descri tion - Zoned• Variance Requested: Justification: Present Use of Property: Proposed Use of Property: Staff Report A. Encrineerincr zssues : Z -5885-A Worthen Bank and Trust 7312 Cantrell Road Lots 8, 9, 10, 15, 16 and 17, Block 1, Riffel and Rhoten's Forest Park Highland Addition C-4 From the area regulations of Section 36-302 to permit construction of an addition with reduced side yard of 0 feet. The ordinance requires a 15 foot side yard setback. The existence of an already paved driveway and parking lot and the extreme contours of the site limit the possible building areas on the site to this location. Vacant bank building Automobile dealership Dedicate right-of-way to 25 feet from centerline on Kentucky Avenue. Additional right-of-way dedication and street improvements may be required on Cantrell Road. Compliance with the City's Stormwater Detention.and Excavation Ordinances is required. B. Staff Analysis: The property is currently occupied by a vacant bank building and was recently rezoned to C-4 to allow for the use of the property as an automobile sales lot. The existing building will be converted to sales -offices. The applicant desires to construct an addition to the rear of this building which will house the service department for the business. The proposed addition will have a setback of 0 feet on the west side. The ordinance requires a side yard setback of 15 November 28., 1994 Item No.: 2(Cont.) feet. The predominance of property fronting on Cantrell Road in this area, including the property immediately to the west, is zoned C-3 which has no side yard setback requirement. This proposed addition will not be out of character with the allowable setbacks of other property in the immediate vicinity. Staff feels that the proposal is reasonable and supports the request variance. C. Staff Recommendation: Staff recommends approval of the requested side yard setback variance. BOARD OF ADJUSTMENT: (NOVEMBER 28, 1994) Pete Hornibrook was present representing the applicant. There were no objectors present. Staff presented the item and a recommendation of approval. Mr. Hornibrook offered no additional comments. A motion was made to grant the requested side yard setback variance. The motion was approved by a vote of 8 ayes, 0 noes and 1 open position. 2 December 27, 1994 File No.: Owne r Address• DescriptiOn• Zoned: Variance Reaues_ted: justification: Present Use. of Propert Proposed Oise of Pronert_y: Staff Report: A. Engineering Issues: Z -5496-A Mrs. Kenneth Rash by Steven Creel 7214 Cantrell Road Lots 4, 5 and 6, Block 4, Abram's Subdivision I A variance is requested from the location of off-street parking regulations of Section 36-507 to permit expansion of a parking lot onto residentially zoned property. The applicant is currently constructing an addition onto the existing building which required the construction of several more parking spaces. Upon clearing the land in preparation for construction of the parking lot, the applicant found a row of five oak trees ranging in size from 18 to 30 inches in diameter. In order to save these trees, the parking lot was redesigned. The redesigned parking lot intrudes approximately 50 feet onto the R-6 zoned portion of Lots 4, 5 and 6. The R-6 zoned portion of Lots 4, 5 and 6 is currently undeveloped and densely wooded. Construction of a portion of a parking lot, leaving 50+ feet of densely wooded area. Dedicate right-of-way for Cantrell Road to bring right-of- way from centerline to 40 feet in width. Since the proposed variance involves a change of use -on the residentially zoned property, staff feels that it is appropriate to require this December 27, 1994 Item No.• 2 Cont - dedication. Current building permit No. 94-120 required improvements to streets and sidewalks. B. Staff Analysis: In 1991, the south 50 feet of Lots 4, 5 and 6 were rezoned C-3 to allow for the future expansion of the business at 7214 Cantrell road. That expansion is currently underway and site preparation has begun for the required parking lot to the north of the business. Upon clearing the land of brush and undergrowth, a row of substantial oak trees was discovered. If the parking lot was constructed solely on the C-3 zoned portions of Lots 4, 5 and 6, this stand of trees would have to be removed. In order to save the trees, the applicant is requesting permission to redesign the parking lot so that it extends onto a portion of the remaining, residentially zoned portion of Lots 4, 5 and 6. The redesigned parking lot would also better facilitate the arrival of delivery trucks to the site, giving room for turning maneuvers. Since this building was constructed in 1971, delivery trucks have had to back onto the site from Cantrell Road, creating a dangerous condition for traffic on this very busy street. If the proposed variance is granted, the remaining 50+ feet of Lots 4, 5 and 6 will remain in their naturally, wooded state. Beyond these lots, to the north, is an area of OS zoning which further separates the parking lot from the nearest residential development. The property adjacent to the west is zoned C-4 and will not be impacted by the proposed variance. Staff feels that the proposal is reasonable and supports the requested variance. C. Staff Recommendation: Staff recommends variance subject Buffer Ordinances Comments. BOARD OF ADJUSTMENT: approval of the requested parking lot to compliance with the City's Landscape and and compliance with the City Engineer's (DECEMBER 27, 1994) The applicant, Steven Creel, was present.. There were several objectors present. Staff presented the item and a recommendation of approval subject to compliance with the City's Landscape and Buffer Ordinances and compliance with the City Engineer's Comments. 2 December 27, 1994 Item No.: 2 Cont. Steven Creel addressed the Board. He stated that construction on the site was underway based on an approved site plan which utilizes only the C-3 zoned property. He stated that during the site preparation, several nice trees were found that would have to be removed under the approved site plan. In an attempt to save these trees, Mr. Creel stated it was his desire to redesign the parking lot and intrude approximately 50 feet onto the R-6 zoned property. Jeff Hathaway asked Mr. Creel what area had been cleared. Mr. Creel responded that all of the area for the proposed parking lot had been cleared. Mr. Hathaway asked Mr. Creel how this proposed parking lot design would improve truck access to the site. Mr. Creel responded that trucks unloading at the site currently have to block traffic on Cantrell Road and then back onto the site. He stated that the redesigned parking lot would allow trucks to drive directly off of Cantrell Road without blocking traffic. Rebecca LeMaster, representing the Board of Timberridge Condominiums, addressed the Board. She stated that the buffer between the condominiums and the commercial property on Cantrell Road was not heavily wooded and was not effective during the winter months. Ms. LeMaster then asked if Mr. Creel could develop the rest of Lots 4, 5 and 6 commercially once this application is approved. Additionally, Ms. LeMaster asked what measures would be taken to secure the parking lot after hours to prevent it being used as a "hang out" by loiterers. In conclusion, Ms. LeMaster stated that there was a meeting of Timberridge Condominium owners scheduled for January 1995, and asked if this item could be deferred to that time. Chairman Borchert responded that there could be no further intrusion into the R-6 property without Board of Adjustment or Planning Commission action. Mr. Creel stated that access to the parking lot will be restricted after business hours. He stated that the immediate plans are to park a delivery truck across the driveway until a permanent solution is designed. Ms. LeMaster made reference to a letter which had been sent to the Board of Adjustment by David Potter. In that letter, Mr. Potter recommended that a reduction in the number of required parking spaces be granted rather than approving the proposed use of the R-6 property. Mr. Creel stated that he could live with a reduction in parking, if he had to but that he would rather not. K7 December 27, 1994 Item No.• 2 Cont. Jeff Hathaway stated that he understood the neighbor's desire to maintain a green space between their property and the commercial property. Mr. Creel stated that the topography of the property would limit the future development of any use north of the parking lot. Ms. LeMaster reiterated her concerns about security and screening. Jeff Hathaway asked if the Board of Adjustment could require that the remainder of Lots 4, 5 and 6 be left as an "undisturbed buffer" as a condition of approval of the proposed parking lot. Mr. Creel stated that he was opposed to any restriction that would prevent his use of the R-6 zoned portions of Lots 4, 5 and 6. Beth Blevins, of the City Attorney's Office, informed the Board that it could impose any conditions in the granting of a variance to ensure compliance and to protect adjacent property. A motion was made to approve the requested parking lot variance subject to compliance with the City's Landscape and Buffer Ordinances, compliance with the City Engineer's Comments and subject to the applicant's agreement to maintain the remainder of Lots 4, 5 and 6 as an undisturbed buffer. Mr. Creel asked if his two options were to have the variance denied or to give up the use of the remainder of Lots 4, 5 and 6 in return for receiving the variance. Chairman Borchert responded that Mr. Creel could come back to the Board of Adjustment if and when any use is proposed for these lots or he could remove the portion of parking lot which extends onto Lots 4, 5 and 6 and develop them within the confines of the Ordinance. Dana Carney, of the Planning Staff, asked if Mr. Creel had agreed to the conditions. Mr. Creel responded that he did. A vote was taken on the motion. The motion was approved by a vote of 6 ayes, 1 noe, 1 absent and 1 open position. 4