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HomeMy WebLinkAboutZ-7379 Staff AnalysisApril 28, 2003 ITEM NO.: A File No.: Z-7379 Owner: Jason Adams Address: 925 West 3`d Street Description: Southeast corner of West 31d and Chester Streets Zoned: UU Variance Requested: An appeal is requested from the administrative procedure/policy regarding the restrictions for displaying and selling items from a transient location. Justification: The applicant's justification is presented in an attached letter. Present Use of Property: Vacant Proposed Use of Property: Commercial catering trailer STAFF REPORT A. Public Works Issues: No Comments. B. Staff Analysis: The property at 925 West 3`d Street is occupied by a small commercial building at the southeast corner of the property. The remainder of the property is partially paved. A used car business once occupied the property for a number of years. Adams Catfish catering has been setting up a mobile catering trailer on the property several days per week for approximately four (4) years. Adams has recently begun leaving the trailer on the site overnight 2 to 3 April 28, 2003 Item No.: A (Cont. nights per week. The applicant's explanation of this is found in an attached cover letter. Adams Catfish catering was recently issued a notice from the City's Zoning Enforcement Staff, based on the fact that the concession trailer does not comply with all of the administrative restrictions for displaying and selling items from a transient location. These restrictions are provided on an attached form for Board of Adjustment review. This form is given to all peddlers when a privilege license is approved. The concession trailer in question conforms to all of the restrictions for displaying and selling of items 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." Adams Catfish Catering asks that they not be required to remove the concession trailer from the property at the end of each business day. They note in the attached letter that the trailer would be left overnight on the property for 2 to 3 nights per week. They note that the trailer will 'never be left on the site for more than two (2) days in a row, as it has to be taken back to Conway for cleaning. Therefore, Adams Catfish Catering is appealing the administrative procedure/policy regarding the restrictions for displaying and selling of items from a transient location. BOARD OF ADJUSTMENT: (MARCH 31, 2003) Staff informed the Board that the applicant submitted a letter requesting the application be deferred to the April 28, 2003 agenda. Staff supported the deferral request. The item was placed on the Consent Agenda and deferred to the April 28, 2003 agenda by a vote of 5 ayes and 0 nays. BOARD OF ADJUSTMENT: (APRIL 28, 2003) Jason Adams was present, representing the application. There were no objectors present. Staff presented the application to the Board. Jason Adams addressed the Board in support of the requested appeal. He explained how the property was used for his catering business. He discussed the reasons for needing to leave the catering trailer on the site overnight, two to 2 April 28, 2003 Item No.: A (Cont. three nights per week. He noted that leaving the trailer on the site overnight would save him money on gas. He also noted that it would allow his catering business to operate more efficiently. He explained that when he had other catering jobs in and around Little Rock after hours, that he occasionally needed to stop by the catering trailer and pick up more supplies. Chairman Ruck asked if the catering trailer could be taken to another nearby location for storage and cleaning. Mr. Adams explained that it could not without installing a power pole. Andrew Francis reiterated and clarified Chairman Ruck's question. Mr. Adams stated that he wished to leave the trailer on this site and would not find another nearby site for storage. He stated that he would take the trailer back to Conway every night instead. Fred Gray commented on the need for leaving the trailer on the site for use with other catering jobs. This issue was briefly discussed. Mr. Adams noted that a typical week might mean leaving the trailer on the site Monday, Tuesday and Thursday nights. He explained that every week may be different, depending on what other catering jobs he has. Mr. Gray stated that it would be very difficult to regulate and enforce this issue. Terry, Burruss asked Mr. Adams if he only went back to the trailer after hours for supplies. Mr. Adams responded that he only went back for supplies. Chairman Ruck made comments relating to the reasons the code does not allow peddlers to stay on property after hours. He asked Mr. Adams if the trailer could be moved to the back corner of the lot, behind the existing building, at the end of each business day. Mr. Adams noted that he could and explained. He stated that it could be moved behind the existing building. He also noted that he took good care of the property. Fred Gray asked if the trailer could be hooked up to the power pole if it were moved to the back corner of the lot. Mr. Adams stated it could. Chairman Ruck asked Mr. Adams if he wished to amend his application to include moving the trailer behind the existing building on the 2 to 3 nights per week that the trailer stays on the site. Mr. Adams stated that he would amend the application. Andrew Francis stated that he was not in favor of the appeal and explained. He stated that the applicant needed to find another site to store the trailer. He suggested that the Board place a deferral on enforcement (possibly 6 months) to allow Mr. Adams time to find a place to store the trailer. 3 April 28, 2003 Item No.: A Cont. Fred Gray discussed the issue of Mr. Adams finding another place to store the trailer. He stated that he was not comfortable with the appeal as requested. Mr. Adams explained that he only occasionally has a need to go to the trailer after hours for supplies. Chairman Ruck asked staff about the issue of enforcement. Kenny Scott, of the Planning Staff, expressed concern with other peddlers requesting appeals if Mr. Adams' application is approved. He noted that staff could work with Mr. Adams and monitor the site. A motion was made to approve the appeal as amended by the applicant, and as follows: 1. The trailer will be left on the site no more than 2 to 3 nights per week. 2. When left on the site after hours, the trailer must be parked behind the existing building on the property. The motion passed by a vote of 3 ayes and 2 nays. The appeal was approved. There was additional brief discussion regarding the trailer issue. 2