HomeMy WebLinkAboutZ-6702 Staff AnalysisAugust 30, 1999
Item No.: B
File No_: Z-6702
Owner: L. West Body Shop, Inc.
Address: 5507 Asher Avenue
Description: Lot 4, Block 2, Ruebel and Leymer's
Addition
Zoned: C-3
Variance Requested: Variances are requested from the
parking provisions of Section
36-507 and the paving requirements
of Section 36-508 to permit use of
C-3 property for employee parking
and a 12 month deferral of the
paving requirement.
Justification: The additional parking area is
needed for the adjacent business.
The applicant will be able to
afford the paving after 1 year.
Present Use of Property: Vacant lot
Proposed Use of Property: Parking lot
Staff Report:
A. Public Works Issues:
1. Driveway shall be per Ordinance 18,031, paved for a
distance of 20 feet minimum.
2. Asher Avenue is listed on MSP (Master Street Plan) a
principal arterial, dedication of right-of-way 45 feet
from centerline will be required.
3. Stormwater detention ordinance applies to this property.
(Submit plan prior to graveling.)
August 30, 1999
Item No.: B (Cont.)
With Paving Permit
4. Repair or replace any curb and gutter or sidewalk that is
damaged in the public right-of-way prior to occupancy.
5. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
6. Improve alley and pave to 18 feet wide. (20 feet
easement required.)
B. Staff Analysis:
The applicant proposes to develop the vacant C-3 zoned lot
located at 5507 Asher Avenue as a parking lot to serve the
I-2 zoned paint and body shop which is located on property
adjacent to the south. Additionally, the applicant is
requesting a deferral of the paving requirement until April
5, 2000. Section 36-507 requires detached parking
facilities to be located on property which is zoned to allow
the principal use which the parking will serve or they must
be approved by the Board of Adjustment. Section 36-508
requires the paving of all areas subject to wheeled vehicle
traffic. The applicant has stated that the parking area is
needed for his customers finished vehicles and for employee
parking.
Staff supports the requested variances. The property is
zoned C-3 General Commercial and is surrounded by other
properties which are zoned C-3 or I-2 Light Industrial.
Uses in the area are varied. This portion of the Asher
Avenue corridor is characterized by intense commercial and
industrial development. Allowing the development of a
parking lot on this C-3 zoned lot would appear to be
compatible with uses and zoning in the area. Staff wants it
made very clear that use of the parking lot is to be limited
to customer's finished vehicles and employee parking. There
should be no parking of vehicles that are in any state of
disrepair or are awaiting work in the paint and body shop.
Granting a deferral of the paving requirement until April 5,
2000 (9 months) does not seem unreasonable. There are other
unimproved parking lots in the area. A paved driveway will
be required as per Public Works comment to prevent dragging
any gravel into the street. The lot will have to be
properly paved and landscaped by April 5, 2000 or the
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August 30, 1999
Item No.: B (Cont.)
property must be barricaded and its use as a parking lot
must cease.
C. Staff Recommendation:
Staff recommends approval of the variance to allow for use
of the C-3 zoned property at 5507 Asher Avenue for a parking
lot to serve West Paint and Body Shop and of a deferral of
the paving requirement until April 5, 2000 subject to
compliance with the following conditions:
1. Use of the parking lot is to be limited to customers
`lam finished vehicles and employee parking. There is to be
no parking of vehicles that are in any state of disrepair
or are awaiting work in the paint and body shop.
2. By April 5, 2000 the property is to be properly paved and
landscaped to conform to city code or the lot is to be
barricaded and its use as a parking lot is to cease.
3. Compliance with Public Works Comments including any
variance of those requirements as may be approved by the
Board of Directors.
4. There is to be no signage on the lot.
BOARD OF ADJUSTMENT:
(JULY 26, 1999)
The applicant was not present. There were no objectors present.
Staff informed the Board that the applicant had failed to provide
notice to neighboring property owners as required by the Boards
bylaws.
The item was placed on the Consent Agenda for deferral to the
August 30, 1999 Board meeting to allow the applicant an
opportunity to complete the required notices. The vote was
5 ayes, 0 noes and 0 absent.
BOARD OF ADJUSTMENT:
(AUGUST 30, 1999)
The applicant was present. There were no objectors present.
Phone calls of opposition had been received from Jerrell Mullins
and the occupant of the residence at 5509 Asher Avenue. Mr.
Mullins had also sent a letter of opposition. The Board was
informed of the phone calls and given a copy of Mr. Mullins'
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August 30, 1999
Item No.: B (Cont.
letter. Staff presented the item and a recommendation of
approval subject to compliance with the conditions outlined in
Section "C" above.
Mr. West addressed the Board and stated that he would comply with
staff's recommendation and that he would keep the lot clean.
Norm Floyd asked why the April 5, 2000 date was chosen. Mr. West
responded that it would allow for payment of taxes and would free
up some money.
A motion was made to approve the requested variances as
recommended by staff, including conditions proposed by staff.
The motion was approved by a vote of 4 ayes, 0 noes and 1 absent.
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