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HomeMy WebLinkAboutZ-6347-A Staff AnalysisDECEMBER 18, 2006 ITEM NO.: B File No.: Z -6347-A Owner: Selz Realty Applicant: Jeff Quarles, K -Mart Address: 10901 Rodney Parham Road Description: Southeast corner of Rodney Parham Road and Shackleford Road Zoned: C-3 Variance Requested: A variance is requested from the development provisions of Section 36-301 to allow seasonal outdoor storage of merchandise. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Commercial Proposed Use of Property: Commercial STAFF REPORT A. Public Works Issues: No Comments B. Staff Analysis: The C-3 zoned property at 10901 Rodney Parham Road contains an existing commercial building occupied by K -Mart. There is paved parking on the north and west sides of the building, with access drives from Rodney Parham Road and Shackleford Road. The applicant recently placed two (2) metal, portable storage containers along the west side of the building, between a three (3) foot high masonry wall and the building's loading dock doors, as noted on the attached site plan. When staff became aware of the storage containers, a Courtesy Notice was issued for their removal. DECEMBER 18, 2006 ITEM NO.: B (CON'T.) The applicant notes that the two (2) storage containers were placed on the property for use as temporary storage of patio and garden merchandise. The lawn and garden area of the K -Mart store is being used for storage of customer layaways and seasonal Christmas merchandise. The applicant proposes to use the two (2) storage containers from September 6 to January 30 of each year. Section 36-301(b) of the City's Zoning Ordinance states: "All commercial uses shall be restricted to closed buildings, except packing lots, seasonal and temporary sales per section 36-298.4, and the normal pump island services of service station operations." Therefore, the applicant is requesting a variance to allow two (2) temporary/seasonal storage containers to be located on the site from September 6 to January 30 of each year. Staff is supportive of the requested variance. Staff believes the request is reasonable. The containers are located within a loading dock area between the building and a short masonry wall. The containers are not located in a parking or vehicular use area. Given the fact that the containers are located close to the building, they are not very noticeable from the adjacent streets or properties. Staff believes the yearly seasonal use of the storage containers will have no adverse impact on the general area. C. Staff Recommendation: Staff recommends approval of the requested variance, subject to the following conditions: 1. There are to be no more than two (2) storage containers on the property. 2. The placement of the storage containers is limited to September 6 through January 30 of each year. 3. The storage containers must not block any fire department connections or fire hydrants. BOARD OF ADJUSTMENT: (NOVEMBER 27, 2006) Staff informed the Board that the application needed to be deferred to the December 18, 2006 Agenda due to the fact that the applicant failed to complete the required notification to surrounding property owners as required. The item was placed on the Consent Agenda and deferred to the December 18, 2006 agenda by a vote of 4 ayes, 0 nays and 1 open position. DECEMBER 18, 2006 ITEM NO.: B (CON'T. BOARD OF ADJUSTMENT: (DECEMBER 18, 2006) 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 3 ayes, 0 nays, 1 absent and 1 open position.