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HomeMy WebLinkAboutZ-6675 Staff AnalysisMay 24, 1999 Item No.: 7 File No. Owner: Address: Description: Zoned: Variance Requested: Justification: Z-6675 Dena Yancey -Trujillo 5208 Kavanaugh Blvd. Lots 9 and 10, Block 25, Newton's Addition C-3 Variances are requested from the area regulations of Section 36-301, the parking requirements of Section 36-502 and the screening requirements of Section 36-523. Applicant's Statement: We propose �to improve our existing building which houses Yancey's Wines and Spirits at 5208 Kavanaugh Boulevard in the Heights neighborhood. We are one of the oldest established businesses in the Heights and have been located in the neighborhood for over thirty years. The attached application reflects our request for a zoning variance in order to improve our building as well as adding a beautiful upgrade to our neighborhood for our neighbors and customers to enjoy. The one story block and brick building occupies approximately 3,725 square feet of the 100' X 140' lot. The goal is to add a second floor to the existing building, which will provide additional lease space in this C-3 zoning. Since the existing structure was not designed to support a second floor, new structural columns are required at the front and rear in order to space over the existing roof. For May 24,'1999' Item No.: 7 (Cont. Present Use of Proper : Proposed Use of Property: Staff Report : A. Public Works Issues: this reason, the upper floor will be approximately 4,396 square feet for a total of 8,121 square feet of gross area, and 7,652 square feet of floor area. For C-3 business or retail, the required off-street parking is a 1,300 ratio, or 26 spaces. Since the existing lot will support 15 vehicles, we are requesting a variance for the other 11 spaces. The other request concerns the rear yard setback. The existing building already encroaches into the 25' rear yard requirement approximately 14 feet. With the addition of the structural columns and second floor, the proposed addition will not be closer to the rear property line than 11 feet, thus the request is for a variance of 14 feet. As you know, our property and location are very valuable and dear to our family. We own our home two blocks away and are deeply vested in our community and neighborhood. One -Story Commercial Building Two -Story Commercial Building 1. Kavanaugh Boulevard is listed on the Master Street Plan as a minor arterial. A dedication of right-of-way to 35 feet from centerline is required. 2. With building permit property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 2 May 24, ' 1999' Item No.: 7 (Cont.) 3. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 4. Eliminate one driveway; only one driveway will be allowed with building permit. 5. Submit sign and planter design (at the time for building permit) to insure sight distance is not affected by construction. B. Staff Analvsis: The C-3 zoned property located at 5208 Kavanaugh Blvd. is occupied by a 3,725 sq. ft., one-story commercial building. The building is typical of 1960's construction; glass front and flat roof. A 16 space parking lot is located in front of the building, with two driveways onto Kavanaugh Blvd. The applicant proposes to add a second floor to the existing building. The resulting structure will have a pitched roof and a fagade treatment more compatible with other structures in the Heights neighborhood. The existing structure was not designed to support a second floor and new structural columns will be required at the front and rear in order to span over the existing building. The new upper floor will contain 4,396 square feet, resulting in a total floor area of 81121 square feet. The proposed expansion results in the need for four variances from the Board of Adjustment. Additional variances may be required from the Board of Directors and City Beautiful Commission for those areas not under the Board of Adjustment's purview. The existing building has a rear yard setback of 12.42 feet and a side yard setback on the west side of 4.11 feet. After construction of the second floor, the structure will have a rear yard setback of 11 feet and will maintain the existing 4.11 foot side yard setback on the west. The Code requires a rear yard setback of 25 feet and a side yard setback of 15 feet when abutting a residential district. Redevelopment of the site requires placement of screening between this site's parking lot and the abutting property to the west. The applicant is requesting a variance of that requirement since the parking lot is already existing and the residentially zoned property to the west is occupied by a fire station, not a residence. 3 May 24,'1999- Item 4,'1999 Item No.: 7 (Cont.) Once the project is complete, the building will have a gross floor area of 8,121 square feet, requiring 27 on-site parking spaces; based on the general commercial requirement of 1 space per 300 square feet. The site plan proposes 15 on-site parking spaces. There is no additional space on the site for more parking. Staff is supportive of the requested variances. The remodeling proposed by the applicant will result in a more aesthetically pleasing structure that is more compatible with structures in the Heights neighborhood. This proposed upgrade should be of benefit to the area. Adding the second floor, while basically maintaining the rear and side yard setbacks of the existing building should have minimal impact on adjacent properties. There will be only one small window on the north (back) side of the second floor. The window will be located in an office occupied by the applicant. There will be no windows on the east or west sides of the second floor. A second floor fire exit only will be located on the rear of the building. Although the building sits closer than 25 feet to the rear property line, limiting the windows and exits on the north side of the building should help to mitigate the impact of the reduced setback. The 15 foot side yard requirement is not necessary since the abutting residentially zoned property is occupied by a fire station, not a residence. In the C-3 district, no side yard setback is required except when the site abuts residentially zoned property. The applicant is requesting a parking variance of 12 spaces. There may be some minor modification of this number in response to Public Works requirement to dedicate right-of- way and eliminate one of the two driveways onto Kavanaugh. The redesign of the driveway could result in a gain or loss of 1-2 parking spaces. The applicant has stated that he intends to seek a variance of the driveway requirement from the Board of Directors. The Heights has been recognized and prides itself on being a walking neighborhood. Very few businesses in the Heights commercial area have adequate on- site parking, if any at all. There is on street parking available on Kavanaugh Blvd. in this area. There is not much competition for that on street parking from the nearby uses. The properties adjacent to this site are occupied by a fire station and a bank, both of which have adequate on- site parking. Staff does not believe the 11-12 space parking variance is out of character for the neighborhood. 4 May 24,' 1999 Item No.: 7 (Cont.) It is likely that the second floor of this building will contain office uses rather than retail commercial office uses which might require greater on-site parking. Most of the commercial uses in the Heights area are smaller, specialty shops which do not generate high traffic volumes throughout the day. Staff's only concern is the possibility of a restaurant occupying a portion of the site. The parking requirement for a restaurant is 1 space per 100 square feet, which could greatly compound the issue regarding the lack of parking. Consequently, staff would recommend that this variance be granted subject to no restaurant being located in the building. C. Staff Recommendation: Staff recommends approval of the requested setback, screening and parking variances subject to compliance with the following conditions: 1. Compliance with Public Works Comments, including any variance of these requirements as may be granted by the Board of Directors. 2. Compliance with the City's Landscape Ordinance, including any variance of the Landscape requirements as may be granted by the City Beautiful Commission. 3. There are to be no doors or windows in the rear and side walls of the second floor other than for a fire escape door and the one small window in the owner's office as indicated by the applicant. 4. There is to be no restaurant located in this building without further application to and approval by the Board of Adjustment. The parking variance is based upon those uses requiring a maximum parking ratio of 1 space per 300 square feet of gross floor area. BOARD OF ADJUSTMENT: (MAY 24, 1999) The applicant was present. There were no objectors present. Staff presented the item and a recommendation of approval, subject to compliance with the conditions outlined in the "staff recommendation" above. Staff informed the Board that Public Works Comment No. 4 had been removed and replaced with the following: 5 May 24,'1999 Item No.: 7 (Cont. Two driveways are permitted subject to each driveway being no more than 20 feet in width and one driveway being an entrance only and the second driveway being an exit only. The applicant offered no additional comments. The item was placed on the consent agenda and approved as recommended by staff, including the modified Public Works Comment. The vote was 5 ayes, 0 noes and 0 absent. 6