HomeMy WebLinkAboutZ-6067 Staff AnalysisOctober 3'0, 1995
stem No.: 7
File Not:
owner-
D—es cri2 ion:
honed•
Variance Re_ ested:
.justification:
Present ❑se of Property:
proposed Qse of Property:
Staff Report:
A. En ineerin Issues:
Z-6067
E. Z. Mart Stores, Inc./
W. Christopher Barrier, Agent
1624 South University Avenue
Lots 4, 5, and 6, Block 5, Cox
Subdivision of Taylor and Bodemann's
Addition and the north 1/2 of West
17th Street closed by Ordinance No.
12,337.
C-3
From the area regulations of
Section 36-301 to permit
construction of a canopy with a
reduced front yard setback.
The depth of this shallow (1251)
lot is such that existing setbacks
require the fuel pumps to be
dangerously close to the building.
Convenience store with gas pumps
Convenience store with gas pumps
Recommend denial. Canopy would be 5 feet into the Master
Street Plan right-of-way for University. Existing right-of-
way is 40 feet from centerline of University Avenue. The
Master Street Plan right-of-way required is 55 feet from
centerline. With any permit, dedication will be required.
Clearance of underground soils will also be required prior
to dedication. Driveways, street sections, and sidewalks
shall be brought into conformance with ordinances with any
permit for construction. University is widened to 3 lanes
on each side of this property, add widening in front of this
property with construction.
Additional Traffic Engineering Comments are as follow:
Relocating the pumps and canopy away from the store will
help improve circulation and parking in front of the store.
October 30, 1995
Item 7 (Cont.)
Although the canopied pumps will be closer to University
Avenue, the removal of the pumps closest to University will
result in the first row of pumps being farther away from the
street than presently exists.
B. Staff Analysis:
A new 30 foot by 81 foot pump island canopy was recently
constructed in front of the E Z Mart convenience store at
1624 South University Avenue. The canopy was constructed
with the required 25 foot front yard setback. Once the
canopy was up, it was discovered that it was so close to the
store that it impeded access to the parking spaces directly
in front of the building. In order to improve access to the
parking spaces and to improve traffic circulation on the
site, the applicant proposes to relocate the canopy farther
away from the store. Rather than have the canopy at the
required 25 foot front yard setback line, the applicant
proposes a 10 foot front yard setback.
There are currently two gas pump islands on the site, one of
which is located directly on the front property line.
vehicles utilizing the gas pumps closest to the street
actually park in the public right-of-way. The pump islands
are proposed to be removed and relocated under the new
canopy. The relocation of the gas pumps will improve
circulation on the site and eliminate the current usage of
the public right-of-way.
During the review of this item, it was noted that the
University Avenue right-of-way adjacent to this site is
substandard. The Master Street Plan requires a right-of-way
of 55 feet from the centerline. The existing right-of-way
is only 40 feet from the centerline of University Avenue.
Section 5-A of the City's Master Street Plan requires any
applicant for a variance to conform to the plan and states
"where the said property abuts a street included in the
Plan, the property owner shall dedicate one half of the
required right-of-way as established in the Plan."
As proposed, the canopy would extend 5 feet into the Master
Street Plan right-of-way for University Avenue.
Staff believes it would be appropriate to allow the canopy
to be relocated farther away from the building since it
would improve access to the parking spaces in front of the
building and circulation on the site. Once the required
right-of-way is dedicated for University Avenue, the amount
of buildable area will be greatly reduced and the resulting
depth of the property will be only 110 feet.
Allowing the canopy to be relocated to a point directly on
the new front property line, once the required right-of-way
is dedicated, would allow greater access to the parking
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October 30, 1995
item N 7 n
spaces, would improve circulation an the site and should
have no impact on the University Avenue traffic. With a
0 foot setback from the new front property line, the canopy
would be located 25-30 feet from the University Avenue
traffic lanes. The canopy has a height of 15 feet which
will preclude sight distance problems.
C. Staff Recommender iQn:
Staff recommends approval, of a front yard setback variance
to allow relocation of the canopy to a point directly behind
the new property line once the required additional 15 feet
of right-of-way for University Avenue is dedicated, subject
to compliance with the Engineering Comments.
BOARD OF ADJUSTMENT: (OCTOBER 30, 1995)
W. Christopher Barrier was present representing the application.
There were no objectors present. Staff presented the item and a
recommendation of approval. Richard wood, of the Planning Staff,
noted that the applicant had two options. The first being to
dedicate the required 15 feet of right-of-way and apply for a
franchise for a 5 foot intrusion. The second option is to ask
the Board of Directors to either reduce or waive the right-of-way
requirement.
Mr. Barrier addressed the Board. He stated that E.Z. Mart would
prefer to dedicate the required 15 feet of right-of-way and
obtain a franchise to allow the 5 foot intrusion.
David Scherer, of the City Engineer's Staff, noted that there was
also a street improvement issue that would have to be addressed
by the Board of Directors.
A motion was made to approve a 0 foot setback for the relocated
canopy. The motion was approved by a vote of 7 ayes, '0 noes,
1 absent and 1 open position.
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