HomeMy WebLinkAboutZ-6022 Staff AnalysisAugust 28, 1995
R.rew
File NO.: Z-6022
Dwner; Vicki C. Fowlkes, P.D.;
Finnegan Pharmacy
Addres : 4012 West 12th Street
Description: Lot 8, Block 13, Forest Hill Addition
zoned: C-3
variance Re ested: A variance is requested from the
pavement requirements of Section
36-508 to permit use of an
unimproved parking lot for a period
of three years.
Justificati zi: "Our business has grown to where
the existing parking does not
support the employees cars and our
patients and customers cars. We
need this parking in order to get
cars off the street and from
parking in the back alley road. We
have leveled the lot and put gravel
on the lot, but were told the
gravel needs to sit for a period of
time as the lot contains a natural
spring and before it is paved that
needs to be taken into
consideration as to how bad it is,
how it can best be dealt with as
far as the paving situation. We
have not had time to develop a plan
for landscaping and planting the
area nor a plan for the parking
situation itself, as how to best
divide the lot in order to obtain
maximum use from the area."
Present Use of Fro ert Gravel parking lot
Pro used Use of Pro ert Gravel parking lot for a period of
three years after which it will be
properly paved and landscaped.
August 28, 1995
Ilem 1 (Cont.)
Staff 1=_O_x :
A. Engingering I
Right-of-way required for 12th Street is 70 feet, dedicate 5
feet of right-of-way to comply with Master Street Plan.
Traffic Engineering recommends denial due to safety issue of
gravel being tracked onto the roadway. There does not
appear to be any support for natural spring as a reason for
deferral of paving.
B. staff An 1 is:
Finnegan Pharmacy is located at 4010 West 12th Street. In
1994, the pharmacy acquired the property next door at 4012
West 12th street for the purpose of tearing down the house
which was on it and using the property as a parking lot.
The house was removed and the lot was covered with gravel.
Finnegan's employees and customers then began using the lot
for parking. The City's Zoning Enforcement staff issued a
notice to the pharmacy advising them of the violation and
directing them to either cease using the unimproved parking
lot or bring it up to city code standards.
The applicant states that she was advised that the lot
contains a natural spring and the gravel needs to sit for a
period of time before it is paved. The City Engineer's
Office has made a site inspection and states that there does
not appear to be any evidence of a spring. Even if there
might possibly be a spring, the parking lot can be designed
to compensate for it.
The property is on the north side of West 12th Street, a
heavily traveled arterial located in the heart of the City.
This particular area of the city suffers from a large number
of substandard residential and nonresidential properties.
Allowing this substandard parking lot with no paving,
landscaping or screening, even for a period of three years,
could have a further detrimental effect on the neighborhood.
Staff finds that there is no justification for not
constructing a properly paved, landscaped and screened
parking lot and, as such, cannot support the requested three
year deferral.
C. Staff Recommendation:
Staff recommends denial of the requested three year deferral
of the paving requirement.
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August 28, 1995
I t em 1 nt.
BOARD OF ADJUSTMENT: (AUGUST 28, 1995)
The applicant, Vicki Fowlkes, was present. There were no
objectors present. Staff presented the item and a recommendation
of denial of the requested three year deferral of the paving
requirements.
Ms. Fowlkes addressed the Board in support of her application.
She stated that she had been advised by a city official to seek a
deferral. Ms. Fowlkes stated that she had made a substantial
investment in the area and the City should work with individuals
who are making improvements to their property. She stated that
she had plans to expand the pharmacy in the near future and would
pave the parking lot at that time. Ms. Fowlkes concluded by
asking for a 6 month deferral of the paving requirement.
Chairman Terry asked if staff could support a 6 month deferral.
Dana Carney, of the Planning Staff, responded that staff was
opposed to the originally requested three years deferral but that
a 6 month deferral seemed reasonable.
A motion was made to approve a 6 month deferral of the paving
requirement. The motion was approved by a vote of 8 ayes, 0 noes
and 1 absent.
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