HomeMy WebLinkAboutZ-6965 Staff AnalysisJanuary 29, 2001
Item No.: 5
File No.
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Proper :
Staff Report:
A. Public Works Issues:
Z-6965
Billy Thomas
2901 Welch Street
Lots 9 and 10, Block 3, Owen's
Subdivision
I-2
Variances are requested from the
pavement requirements of Section
36-5081 the buffer requirements of
Section 36-522 and the screening
provisions of Section 36-523.
Additional time is required to
obtain funding. This business was
operated only a part-time basis
(Friday and Saturday) until
recently.
Restaurant and lounge
Restaurant and lounge
1. Paving of first 25 feet will be required to prevent
gravel dragging to the streets.
With Building Permit:
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.
3. Plans of all work in right-of-way shall be submitted for
approval prior to start of work.
January 29, 2001
Item No.: 5 (Cont.)
B. Staff Analysis:
The I-2 zoned property located at 2901 Welch Street is
occupied by a restaurant and lounge, Billy Gene's place. In
1997, a building permit was issued to allow for a 959.3
square foot expansion of the existing building. Associated
with the building expansion was a required upgrade in
parking, landscaping and buffers/screening. The addition
was completed and occupied. The other required elements
were never completed. The Planning Department has recently
assigned a code enforcement officer to the task of enforcing
the City's landscape requirements, including following up on
incomplete projects such as this. The applicant was issued
a notice on November 9, 2000 advising him that he was in
violation and directing him to complete the required paving,
screening and landscaping. The applicant has requested
additional time to secure funding. He states the business
was, until recently, operated only on a part-time (Friday
and Saturday) basis and did not generate the income
accessory to pay for the required improvements. A copy of
the approved site plan is attached. To date, no
improvements have been made. The site has only a gravel -
covered parking lot. There is a 6 -foot tall, wood privacy
fence along the east perimeter and along the north perimeter
where the site is adjacent to a single-family residence.
Although the applicant has had over three years to complete
the required improvements, staff is willing to support an
additional 12 -month deferral. This support is based on the
following reasons:
1. To staff's knowledge, there have been no neighborhood
complaints. The issue was found as a result of follow-up
by staff.
2. Staff must accept part of the blame for not more
diligently following through on required inspections that
would have prevented this situation from taking 3 years
to be brought to light. The applicant was only advised
in November 2000 that he was in violation.
3. The applicant states additional time is needed to secure
funding due to the business being operated only on a
part-time basis until recently.
P,
January 29, 2001
Item No.: 5 (Cont.)
C. Staff Recommendation:
Staff recommends approval of a 12 -month deferral, through
January 29, 2002, subject to compliance with the following
conditions:
1. Within 30 days, the following steps must be taken:
a. Temporary devices, such as crossties, must be
extended across the Welch Street perimeter of the
parking lot, leaving only a 25 -foot wide entrance
to control access to the site.
b. The entrance to the parking lot from Welch Street
must be paved to a depth of 25 feet to prevent
gravel being dragged onto the street.
2. Compliance with Public Works Comments including any
variance or waiver of those requirements as may be
granted by the Director of Public Works or the Board of
Directors.
3. By January 29, 2002, the site must be paved, screened
and landscaped to conform to the approved site plan
dated February 10, 1997 and approved by staff on
March 11, 1997.
BOARD OF ADJUSTMENT:
(JANUARY 29, 2001)
The applicant was present. There were no objectors present.
Staff presented the item and a recommendation of approval subject
to compliance with the conditions noted above in the "Staff
Recommendation" and the following additional condition:
4. Within 30 days, the applicant is required to
obtain a temporary certificate of occupancy for
the addition.
The applicant offered no additional comments.
The item was placed on the Consent Agenda and approved as
recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.
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