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HomeMy WebLinkAboutZ-6924-B Staff AnalysisJanuary 28, 2002 ITEM NO.: 2 File No.: Owner: Address: Description: Zoned: Area: Variance Requested: Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: With Building Permit: Z -6924-B Walter Quinn 5500 Kavanaugh Boulevard Lots 13 and 141 Block 33, Newton's Addition C-3 and 0-3 0.32 acre Variances are requested from the area regulations of Section 36-301 to permit a porch addition to the existing commercial building with a reduced front yard setback, and a porch addition with a reduced side yard setback. The applicant's justification is presented in an attached letter. Vacant commercial building Branch Bank 1. Property frontage needs to have the sidewalks and ramps brought up to the current ADA standards. 2. Repair or replace any curb and gutter or sidewalk that is damaged in the public right-of-way prior to occupancy. 3. Plans of all work in right-of-way shall be submitted for approval prior to start of work. January 28, 2002 Item No.: 2 B. Staff Analysis: The property at 5500 Kavanaugh Boulevard (northwest corner of Kavanaugh and Polk Street) is zoned C-3 and 0-3. There is an existing one-story commercial building within the C-3 portion of the property, with the 0-3 portion being vacant. A structure was recently removed from the 0-3 portion. There are single family residences located north of the site, with a bank across Polk Street to the east and commercial uses along Kavanaugh Blvd. to the west. The new Kroger Store development is located across Kavanaugh Blvd. to the south. Only July 30, 2001 the Board of Adjustment approved a variance from the buffer requirements of Section 36-522 for a proposed branch bank development. The July 30, 2001 minute record for this item is attached for Board of Adjustment review. The proposed branch bank facility is to utilize the existing commercial building and construct covered drive through lanes on the west side of the building on the 0-3 zoned portion of the property. The applicant is now requesting variances to allow construction of two (2) covered porch additions with reduced building setbacks to the existing commercial building. The first addition is a 9 foot by 13 foot porch addition which extends nine (9) feet into the required 25 foot front yard along Kavanaugh Blvd. Section 36-301(e)(1) requires a minimum front building setback of 25 feet in C-3 zoning. The second addition is a 6 foot by 11 foot porch addition to the east side of the building. The existing commercial building sits on the east property line, placing the entire proposed porch addition in the public right-of-way of Polk Street. Section 36- 301(e)(2) of the ordinance requires a minimum street side setback of 25 feet. The applicant has noted that a franchise application has been submitted to the Public Works Department for this side porch. Staff is supportive of the requested variances. Staff feels that the proposed porch additions are very minor E January 28, 2002 Item No.: 2 in nature. Given the placement of the existing commercial building, practically any building addition to the north, south or east side of the structure would require a variance. If the proposed commercial porch additions are left unenclosed, staff feels that they will have no negative impact on the adjacent properties or the general area. C. Staff Recommendation: Staff recommends approval of the front and side yard setback variances subject to the following conditions: 1. A franchise must be obtained for the porch addition to the east side of the building. 2. Both covered porch additions must be unenclosed. BOARD OF ADJUSTMENT: (JANUARY 28, 2002) 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 5 ayes and 0 nays. 3 July 30, 2001 Item No.: 1 J �t File No.• Z -6924-A Owner: Address: Description: Zoned: Variance Requested: Justification: Present Use of Property: Pro osed Use of Prover t : Staff Report: A. Public Works Issues: Kidco Properties, Inc. 5500-5508 Kavanaugh Blvd. Lots 13 and 14, Block 22, Newton's Addition C-3 and 0-3 Variances are requested from the on-site parking provisions of Section 36-502 and the buffer requirements of Section 36-522. The applicant's justification is presented in an attached letter. Two buildings; day-care center and photography studio Bank Branch With Buildin Permit: 1. Dedication of right-of-way on Polk and Kavanaugh and corner dedication will be required. 2. Provide design of street conforming to "MSP" (Master Street Plan). Construct one-half street improvement to these streets including 5 -foot sidewalks with planned development. Widen Polk Street to 18 feet from centerline. 3. Driveways shall conform to Sec. 31-210 or Ordinance 18,031. Reduce driveway on Kavanaugh to 30 feet. 4. Plans of all work in right-of-way shall be submitted for approval prior to start of work. B. Landsca a/Screenin Issues: The plan submitted does not allow for the minimum 6.7 foot wide land use buffer required along the northern perimeter July 30, 2001 Item No.: 1 (Cont.) of the site. The full width requirement along the northern perimeter, which abuts residential property, is nine feet. Since this property is located within the designated mature area, staff may administratively reduce this requirement by 25% or to 6.7 feet. The Landscape Ordinance also requires a minimum 6.7 foot wide landscape strip along the northern perimeter of the site. The City Beautiful Commission reviewed a landscape variance request for this site on July 12, 2001. There were no objectors present. The Commission Chair stated she had personally visited with the owners of the abutting residential property. The Commission voted unanimously to grant a variance from the Ordinance requirement to have a 6.7 foot wide landscape strip along the northern perimeter. The plan originally submitted by the applicant showed 8, 60° angle parking spaces along the north perimeter with only a "sawtooth" landscape strip in front of each space. The plan approved by the CBC had the following: 1. The landscape strip along the north perimeter is to be a minimum of 3 feet in depth, with the "sawtooth" islands extending out from the 3 foot strip. This plan brings the landscape strip much closer to an average of 6.7 feet. 2. Appropriate trees are to be planted in the "sawtooth" islands. 3. A 6 foot tall, brick wall is to be constructed along the north perimeter of the site. 4. Four (4) trees are to be planted in the western perimeter landscape strip. 5. Three (3) trees are to be planted in the grassy, Polk Street right-of-way, if permitted through the franchise process. The change in the northern landscape strip requires that the parking be changed to 45° angle. This reduces the number of parking spaces from 8 to 6. E July 30, 2001 Item No.: 1 (Cont. C. Staff Analysis: The C-3 zoned property located at 5500 Kavanaugh is occupied by a 3,750 square foot commercial building. The property has no on-site parking. The adjacent, 0-3 zoned property at 5508 Kavanaugh is occupied by a 1,600± square foot structure. A residential style driveway is located on this site. The applicant proposes to combine the two properties into one development. The building at 5508 Kavanaugh is to be removed. The building at 5500 will be remodeled into a bank with drive-through facilities extending into the 5508 property. The proposed building remodeling will conform to all setback requirements. A row of angle parking will by placed at the rear of the site. A one-way drive will enter from Polk and exit onto Kavanaugh. The drive-through facility will consist of 3 lanes, with an escape lane allowing passage without having to go through the drive- through facility. There will be no ATM in the drive-through facility. A 3,750 square foot bank requires 12 on-site parking spaces. The applicant has requested variances to have 6 parking spaces and to reduce the depth of the landscape buffer on the north perimeter. A 6.7 foot landscaped buffer is required along the north perimeter. Staff has reviewed the proposal and is supportive of the development. After a thorough review of the issue, staff has determined that no parking variance is needed for the proposed bank. As was previously mentioned, neither the 31750 square foot building on the C-3 zoned property at 5500 Kavanaugh nor the 1,600± square foot building on the 0-3 zoned property at 5508 Kavanaugh have any on-site parking that conforms to code standards. They each have non- conforming parking relationships of 12 spaces and 4 spaces respectively. The larger building has been occupied by a steady stream of uses including beauty shops, clothing stores, interior design studios and the day care since its construction. At one time, up to 4 commercial uses occupied the building at the same time. The building at 5508 Kavanaugh has been used as a photography studio for 40± years. The development proposed by the applicant will not increase square footage and actually will result in the reduction of square footage by the removal of the photography studio building. Placing a canopy over the drive-through lanes does not add to the parking requirement. Section 36-506 of the Code states: 3 July 30, 2001 Item No.: 1 (Cont.) "When a building or structure erected prior to or after the effective date of this chapter shall undergo any increase in number of dwelling units, gross floor area, seating capacity, number of employees or other unit of measure used in determining required parking facilities, and when the increase would result in a requirement for additional parking facilities, such additional facilities shall be accordingly, provided as a condition for obtaining a building permit or privilege license. In computing the number of spaces required for such a building, however, only the increase in unit measure shall be considered." Consequently, remodeling the existing 3,750 square foot building for a bank does not generate a requirement for increased parking. The 6 spaces proposed by the applicant will be 6 more than the site has had in the past. If a use were proposed that had a greater parking requirement, such as an eating place with a parking requirement of 1 space per 100 square feet, the issue would be different. A 6.7 foot land use buffer is required along the north perimeter where the site is adjacent to residential property. With the modification to the site plan as a result of the City Beautiful Commission's Action, the land use buffer will be no smaller than 3 feet and will average greater than that because of the "sawtooth" design. That design, in conjunction with the required 6 foot brick wall, will suffice in staff's opinion. D. Staff Recommendation: Staff recommends approval of the requested land use buffer variance subject to compliance with the following conditions: 1. Compliance with the 5 conditions proposed by the City Beautiful Commission and outlined in the "Staff Analysis" of this item. 2. Compliance with Public Works Comments including any variance or waiver as may be granted by the Director of Public Works or the Board of Directors. 4 July 30, 2001 Item No.: 1 (Cont.) 3. All site lighting is to be low-level and directional, aimed away from the adjacent residential property. Staff would prefer to see bollard lighting used in the parking lot area between the building/drive-through canopy area and the north property line. 4. There is to be no parking or ATM located in the designated escape lane west of the drive-through lanes. Staff does not believe a parking variance is required. BOARD OF ADJUSTMENT: (JULY 30, 2001) 140 The applicant was present. There were no objectors present. Troy Laha, of the City Beautiful Commission, was present to answer any questions regarding that group's action. Staff presented the item and a recommendation of approval. The applicant offered no additional comments. A motion was made to approve the requested variance subject to compliance with the conditions recommended by staff. The motion was approved by a vote of 4 ayes, 0 noes and 1 absent. 5