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HomeMy WebLinkAboutZ-7234 Staff AnalysisJune 24, 2002 ITEM NO.: 6 File No.: Z-7234 Owner: Wilburn and Arleen Daniels Address: 1855 Chester Street Description- Southeast corner of Chester Street and Wright Avenue Zoned: C-3 Variance Requested: An appeal is requested from the administrative procedure/policy regarding the restrictions for displaying and selling items from a transient location. Justification: Present Use of Property: Proposed Use of Property: STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The applicant's justification is presented in an attached letter. Commercial Commercial The property at 1855 Chester Street is zoned C-3 and contains an existing commercial building with associated drives and parking areas. Uses within the building include a beauty salon, auto repair and car wash. There is also a concession truck located along the north side of the building. The truck has been skirted with painted plywood to conceal the undercarriage and wheels. The property owners were recently issued a notice from the City's Zoning Enforcement Staff, based on the fact that the concession truck does not comply with all of the administrative restrictions for displaying and selling items from a transient location. These restrictions are provided on an June 24, 2002 Item No.: attached form for Board of Adjustment review. This form is given to all peddlers when a privilege license is approved. The concession truck in question conforms to all of the restrictions for displaying and selling of times from a transient location, except for restriction #8 which reads as follows: "8. At the end of each business day all related materials, equipment and vehicles must be removed from the site." The property owners ask that they not be required to remove the concession truck from the site at the end of each business day. They note in their attached cover letter that they would like to leave the concession truck parked on the site for security purposes. They explain that the lighting of this commercial property and an existing security system provide the best security for the vehicle, and moving it to another location at the end of each business day would put it at risk for vandalism. Therefore, the property owners are requesting an appeal from the administrative procedure/policy regarding the restrictions for displaying and selling of item from a transient location. BOARD OF ADJUSTMENT: (JUNE 24, 2002) Wilburn and Arleen Daniels were present, representing the application. There were no objectors present. Staff explained the requested appeal to the Board. Wilburn Daniels addressed the Board in support of the requested appeal. He stated that his family had owned the property for over 30 years. He presented the Board with photos of the property and concession truck. He stated that security was the main reason for leaving the concession truck on the site full time. He noted that the truck was connected to the building's security system. Mr. Daniels also noted that it would be difficult to remove the food items from the truck everyday. Chairman Ruck asked if the concession truck was located on the site all the time. Mr. Daniels stated that it was. He noted that there were flaps which covered the windows on the side of the truck. He also noted that the Health Department had approved the concession truck to be located at this site and explained. Chairman Ruck asked if the concession truck was connected to utilities in a permanent way. Mr. Daniels stated that they were not and explained. Vice -Chairman Gray asked if the concession business was doing well, and if the Daniels had considered making a permanent building addition for it. Mr. Daniels stated that he had thought of a building addition in the future. There was a 2 June 24, 2002 Item No.: 6 (Cont discussion regarding a future building addition or making the temporary structure permanent. Chairman Ruck asked if the concession truck could be parked inside the commercial building. Mr. Daniels stated that he was not sure, as he had not measured the garage door on the building. This issue was briefly discussed. Gary Langlais asked how long the concession truck had been on the property. Mr. Daniels stated that the truck had been on the property four to five months. There was a brief discussion about moving the concessions business into the existing permanent building. Chairman Ruck asked if a time limit could be placed on an approved variance. Cindy Dawson, City Attorney, stated that a time limit could be imposed. Andrew Francis noted that he would like for the Daniels to work with staff on the future of the property. He noted support of a time limit being placed on the appeal request. Vice -Chairman Gray asked if 6 months would be enough time for the applicant's to decide on other options for the property. Mr. Daniels stated that this would be enough time. The issue was briefly discussed. Andrew Francis made a motion to approve the requested appeal with a 6 month time limit. Scott Richburg stated that a one year limit would be more reasonable. Andrew Francis amended the motion to be approval with a one year time limit. Ms. Dawson stated that the applicant should consider alternatives to the permanent placement of the concession truck during the 12 month period. Vice -Chairman Gray asked if there were long-term leases for the businesses in the existing commercial building. Mr. Daniels indicated that there were none. Dana Carney, of the Planning Staff, stated that the concession truck must remain operable and licensed during the 12 month period. Ms. Dawson noted that the applicant was asking to leave the concession truck on the site 24 hours per day, not to operate a business 24 hours per day. This was briefly discussed. The Chairman called for a vote on the amended motion. The motion passed by a vote of 5 ayes and 0 nays. The appeal was granted, allowing the concession truck to remain on the site for a period not to exceed one (1) year from this date. 3