HomeMy WebLinkAboutZ-7262-A Staff AnalysisMay 28, 2003
ITEM NO.: 3
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
No Comments.
B. Staff Analvsis:
Z -7262-A
Pulaski Heights Masonic Lodge
2710 Kavanaugh Blvd.
Northwest corner of Kavanaugh Blvd. and
Ash Street
C-3
An appeal is requested from the
administrative procedure/policy regarding
the restrictions for the placement of
temporary buildings on commercial
property.
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.
On July 29, 2002 the Board of Adjustment granted Jason Files, owner of
the snow cone stand, an administrative appeal and allowed the issuance
May 28, 2003
Item No.: 3 (Cont.)
of a permit for the temporary snow cone building with the following
conditions:
1. The temporary building is to be no closer to the street (Kavanaugh
Blvd.) than the fagade 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 issue was originally before the Board based on the fact that staff was
unable to administratively approve Mr. Files' application for temporary
placement of the snow cone stand, because 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.
It was noted in the previous public hearing that the snow cone stand was
approved for the 2002 season only, and that Mr. Files would need to file
another appeal request to the Board of Adjustment if he wished to locate
on the same property in 2003. Therefore, Mr. Files asks that he be
granted another 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 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
the application procedure. To staff's knowledge, no complaints about the
snow cone stand were received from area residents last year.
K
May 28, 2003
Item No.. 3 (Cont.
BOARD OF ADJUSTMENT: (MAY 28, 2003)
Jason Files was present, representing the application. There were no objectors
present. Staff described the requested appeal and briefly reviewed the history of
the property.
Jason Files addressed the Board in support of the application. He noted that
there were no changes proposed from his application in 2002 (building
placement, operation, etc.).
Chairman Ruck noted that the snow cone stand was in place before the
application was filed. He noted that a permit should be obtained in the future
before the temporary building is located on the site. He discussed this being a
possible condition of approval. Staff suggested a condition that would require
the building to be removed from the site at the end of each season.
Fred Gray asked Mr. Files if he expected any changes to the operation of the
snow cone stand in the near future. Mr. Files indicated that there would be no
changes.
Andrew Francis discussed a possible time limit for the application. He indicated
that he was not opposed to a long-term approval (for Mr. Files only), as long as
there were no changes to the operation of the snow cone stand. This issue was
briefly discussed. A three (3) year time limit was discussed.
There was a motion to approve the requested appeal for three 3 ears, 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 (2003, 2004 and
2005).
4. A permit must be obtained before installing the stand each year.
5. There is to be no expansion of the scope of the business operation.
The motion passed by a vote of 4 ayes, 0 nays and 1 absent. The application
was approved.
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