HomeMy WebLinkAboutZ-7262 Staff AnalysisJuly 29, 2002
ITEM NO.: 15
File No.: Z-7262
Owner: Pulaski Heights Masonic Lodge
Address: 2710 Kavanaugh Blvd.
Description- Northwest corner of Kavanaugh Blvd. and
Ash Street
Zoned: C-3
Variance Requested: An appeal is requested from the
administrative procedure/policy regarding
the restrictions for the placement of
temporary buildings on commercial
property.
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.
Masonic Lodge
Masonic Lodge and snow cone stand
The property at 2710 Kavanaugh Blvd. is zoned C-3 and contains a two-
story Masonic Lodge building within the west half of the property, with a
paved parking lot within the eastern portion of the site. The parking lot will
accommodate approximately 16 vehicles. There is also a temporary
structure (snow cone stand) located at the southwest corner of the parking
lot.
Jason Files, the owner of the snow cone stand, was recently issued a
notice by the City's Zoning Enforcement Staff based on the fact that the
temporary building was placed on the site without as approved application
for its placement. Mr. Files then submitted an application for the
July 29, 2002
Item No.: 15 (Co
placement of the snow cone stand. The application was denied based on
the fact that the site does not conform to the minimum standards for the
placement of temporary buildings. Staff's procedure guidelines, including
the minimum siting standards for the placement of temporary buildings,
are provided on an attached form for Board of Adjustment review.
As noted in paragraph C. of the attached procedure guidelines, staff's
review of the application ceases at the time certain circumstances exist.
This particular site does not conform to items 2, 3 and 6 as noted in
paragraph C. The site is less than one (1) acre in size, and contains less
than 50 parking spaces. Additionally, the temporary building as placed on
the site does not meet the minimum 25 -foot front yard setback as required
in C-3 zoning.
Mr. Files asks that he be granted a permit to allow the placement of his .
snow cone stand at 2710 Kavanaugh Blvd. He notes in the attached
letter, "We feel that the Board can look beyond the technical requirements
and see that our proposed use is in keeping with the feel of the proposed
neighborhood and will not be a detriment in any way." Therefore, Mr.
Files is requesting an appeal from the administrative procedure/policy
regarding the restrictions for the placement of a temporary building on
commercial property. If the Board decides to allow the use of the
temporary building on this site, the standards listed in paragraphs D and E
of the attached procedure guideline will still apply, and Mr. Files and staff
will need to follow through with the application procedure.
BOARD OF ADJUSTMENT: (JULY 29, 2002)
Jason Files was present, representing the application. There were no objectors
present. Staff briefly described the requested appeal.
Jason Files addressed the Board. He explained the reasons for locating the
snow cone stand at this location, and explained the snow cone stand operation.
He gave a brief description of the general area along Kavanaugh Blvd. He
stated that he had no complaints relating to the snow cone stand from area
residents. He stated that the snow cone stand had been moved back from
Kavanaugh Blvd., but that he would like to move it back closer to the street. He
noted that this would allow more room for parking. This issue was briefly
discussed.
Chairman Ruck asked how far forward the snow cone stand was in relation to
the existing lodge building. Mr. Files noted that it was no closer to the street than
the southwest corner of the lodge building. This issue was discussed further.
Scott Richburg stated that the snow cone stand should be no closer to the street
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July 29, 2002
Item No.: 15 (Cont.
than the fagade of the lodge building. Mr. Files stated that he had no problem
with this setback.
Chairman Ruck suggested fencing or cording off an area to prevent customers
from getting into the street. He also noted that there was no one present in
opposition to the application.
Andy Francis stated that none of the chairs, tables, benches, umbrellas, etc.
should obstruct the sidewalk area.
Scott Richburg asked what time limits should be placed on the application. Staff
noted that it should be no longer than six (6) months from the date staff first
observed the snow cone stand. He also asked if the applicant would have to
reapply and possibly come back before the Board next year. Staff responded
that Mr. Files would have to reapply and come back before the Board for this
same location next year..
There was a motion to approve the requested appeal and issue a permit for the
temporary building at 2701 Kavanaugh Blvd., subject to the following conditions:
1. The temporary building is to be no closer to the street (Kavanaugh
Blvd.) than the facade of the existing Masonic lodge building.
2. None of the seating (tables, chairs, benches, umbrellas, etc.) is to
obstruct the public right-of-way (sidewalk).
3. The temporary structure must be removed by October 1, 2002.
The motion was approved by a vote of 4 ayes, 0 nays and 1 absent. The appeal
was approved.
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