HomeMy WebLinkAboutZ-7047 Staff AnalysisJune 25, 2001
Item No.: 7
File No.: Z-7047
Owner: Abdias Montoya and
Rosalinda Montoya
Address: 7102 Asher Avenue
Description: Long Legal
Zoned: C-3
Variance Re ested: A variance is requested from the
on-site parking provisions of
Section 36-502.
Justification: There is not enough space on the
site to accommodate the required
number of parking spaces.
Present Use of Proper : Vacant commercial building
Proposed Use of Property: Restaurant
Staff Report•
A. Public Works Issues:
With Building Permit:
1. Asher Avenue is classified on the Master Street Plan as
a principal arterial. Dedication of right-of-way to 45
feet from centerline 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.
3. Plans of all work in right-of-way shall be submitted
for approval prior to start of work.
4. Driveways shall conform to Sec. 31-210 or Ordinance
18,031.
5. Stormwater detention ordinance applies to this
property.
June 25, 2001
Item No.: 7 (Cont.)
B. Staff Analysis:
The C-3 zoned property located at 7102 Asher Avenue is
occupied by a 1,200 square foot, block and frame building.
For many years the building was occupied by an upholstery
shop. The applicants have recently purchased the property
and desire to open a restaurant in the building. There is
insufficient parking on the site to accommodate a restaurant
use. As an upholstery shop, the building was required to
have 4 parking spaces. As a restaurant, the parking
requirement triples to 12 spaces. The applicants are
requesting a parking variance to accommodate the change in
use.
Staff has serious concerns about the requested variance.
The site is very small and has only a small area of
substandard parking located in front of the building. The
building is located 75± feet from the centerline of Asher
Avenue. Once the required right-of-way is dedicated, the
building will be located 30± feet from the front property
line. This is an insufficient depth to accommodate any
parking at right angle. Such a parking design requires a
total of 40 feet; 20 foot parking stall depth and 20 feet of
maneuvering area behind the stalls. Two or three angled
spaces might be fitted on the site but it is questionable
whether those would meet code. No parking is available on
the side of the building. The building is located 20± from
the east property line and 5 to 6 feet from the west; again
insufficient to allow for parking.
The operator of the beauty shop located on the adjacent
property at 7104 Asher Avenue has agreed to allow the
applicants to use some of her parking. There appears to be
more than sufficient parking on that site to accommodate the
code -requirement for both sites. Unfortunately, the owner
of that property has stated that she is against such an
agreement and, as such, will not permit parking on her
property by the applicant.
There does not appear to be an alternative nearby to meet
the proposed restaurant's parking requirement.
Consequently, staff cannot support the requested variance.
Once the right-of-way is dedicated, it appears there will be
enough room on the site to provide only the 3 to 4 spaces
required for the building's continued use as office or
general commercial.
2
June 25, 2001
Item No.: 7 (Cont.)
C. Staff Recommendation:
Staff recommends denial of the requested parking variance.
BOARD OF ADJUSTMENT:
(JUNE 25, 2001)
Eunice and Rosalinda Montoya were present representing the
application. There were no objectors present. Staff informed
the Board that the Montoya's had amended the application to allow
a "take-out" restaurant only, with no customer tables in the
building or eating on the site. Staff stated such a use was
closer to a general retail use with a parking requirement of
1/300 square feet. Staff recommended approval of the amended
application as being akin to a continuation of the site's general
commercial occupancy.
At the Board's request, Eunice Montoya stated for the record that
the application was being amended to allow a take-out restaurant
only.
A motion was made to approve the parking variance for a take-out
restaurant only, with no eating on the site. The motion was
approved by a vote of 3 ayes, 0 noes and 2 absent.
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